فهرست نشریات علمی دسترسی آزاد ایران

Background and Aim: Retribution of the murderer in the insane murder is one of the very important issues that Islamic jurists have expressed theories and rulings about it with specific reasons. Although non-retribution of the murderer in the insane murder is not specified in the verses of the Quran, but there is a narration by Abi Basir from Imam Baqir (AS) about this. The purpose of this research is to compare and apply the verdict of insane murder from the point of view of Islamic jurists and its legal challenges. Materials and Methods: This research was done with a descriptive analytical method and information collection was done in a library manner. Based on this, while defining insanity from a jurisprudential, legal and medical point of view, the punishment of insane murder has been investigated from the perspective of jurists of Islamic religions, and its legal challenges have been evaluated. Conclusion: The results indicate that in a case where a sane person murder an insane person, according to the well-known Imami jurists and citing the narration of Abi Basir from Imam Baqir (a.s.) and the meaning of the phrase "La Qawda Leman La Yoqadu Minho" the murderer is not been revenge. This is contrary to the Sunni jurists’ famous opinion, who believe that in the murder of an insane person, a sane murderer will be revenge. This difference in the punishment for the murder of the insane among the Imamiyyah and Sunni jurisprudents is due to the jurisprudence and principles between these religions, and since the definition of intentional murder is certain on the subject of the discussion; therefore, despite the necessity and lack of obstacles, the non-retribution of a wise man for the insane murder becomes exclusive in the case of an insan’s attack and aggression.