فهرست مطالب javad yaghobi

Due to its special nature, issues related to reluctance have long been considered by all schools of law and jurisprudence and have been widely discussed. What has been paid more attention to is the ruling on reluctance to women, and what has been less discussed and considered in this article are the issues of reluctance to women. One of those issues is the possibility or impossibility of a man being reluctant to commit adultery. Well-known Imami jurists believe in the possibility of reluctance to commit adultery against a man, and on the contrary, the famous opposition and consequently the Islamic Penal Code adopted in 1392, believe in the impossibility of reluctance to commit adultery against a man. The present article, in a descriptive-analytical manner, after examining the views of the opponents and supporters of the famous promise, is in line with the views of the famous supporters and in addition to presenting their reasons, presents new documents of medical science and believes that the text of Article 224 of the Penal Code Islam should be re-read according to the famous saying of the jurists. What has been emphasized in this article is the critique of the famous dissenting promise, which is also followed by the Penal Code, through the well-known saying of the jurists, medical documents and rational arguments.

This research, through the use of a descriptive-analytical method, has analyzed the article 365 of the Islamic Penal Code in the following two theories: a) the popular saying that the new penal code was established based on it and accepted the right of pardon from retribution for the victim. b) The unpopular opinion based on which Article 54 of the former Islamic Penal Code was established and considered the right of pardon to belong to the owners of blood. This article has proved the second promise by referring to Quranic, narrative, rational evidences as well as the theory of “consolation of heart”. The aim of the research is to prove that the unpopular theory, that the right to retribution for the owners of blood does not expire with the consent of the victim before his death, and the owners of blood of the deceased can demand retribution or blood money after the death of the victim. The result of this research is the analysis of Article 365 of the new Penal Code, from a criminological point of view and proving that the right of retribution does not expire with the consent of the victim before his death, and the owners of blood of the deceased can demand retribution or blood money after the death of the victim.