Necessity in Willful Murder; Legal Challenges and Juridical Solution

Unlike to duress in murder which has been emphasized on its denial, in article 375, Islamic punishment law, enacted on 1392 expressly, has not referred on compulsion in murder by general act in Iran’s law. Some have known compulsion including willful murder with regard to article 152. Thus, the validity of such opinion is disputed, because compulsion and duress don’t have explicit difference with each other, but just, are different in terms of its risk source. In so far as compulsion is interpreted to duress resultant of situations and circumstances. The majority of Islamic jurisprudents didn’t accept compulsion in willful murder by denial of duress in willful murder by priority comparison. The findings of the present research show that, although there isn’t certain procedure in terms of such legal vacuum, but majority of judges and lawyers by citation of jurisprudence sources don’t have believe in justifiability of compulsion defense in the crime of willful murder, this paper tries to provide challenges in generality of such belief based on expressed case.