Feasibility of applying penal reaction to unintentional behaviors in criminal jurisprudence

Articles in Press

Document Type : Original Article

Authors

• Somayeh Soleimani ¹
• Shahram Ebrahimi ²
• Mohammad hadi Sadeghi ²
• Fazlollah Forughi ²

¹ Doctoral student in criminal law and criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran

² Associate Professor of Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran

10.22067/jfiqh.2025.89936.1838

Abstract

The present study, by explaining the criteria for the criminal description of behaviors, has emerged as a Shariah justification for the criminal description of unintentional behaviors and tries to answer the question, "Is it possible to consider unintentional behaviors as subject to a criminal response in the approach of Islamic jurisprudence?" The results of the research, which was conducted in a descriptive-analytical way, indicate that in criminal jurisprudence, behavior in which the possibility of corruption and harm is likely to occur is negative due to aggression. Because punishment, in particular, and the permissibility of punitive action, is limited to the achievement of the active punishment, and guilt in unintentional behavior is the description of potentially harmful behavior, which is often done consciously and can be considered as active punishment, also because of the centrality of behavior in actions. The punitive reaction is based on some verses and traditions, the large and inalienable requirements of the rational rule, the obligation to avoid possible harm, and some examples of aggressive behavior, regardless of the need to realize any consequences of the sin.

And the definite probability of the harmful effects of the behavior is a factor for the prohibition of this category of behavior for the sake of caution and prevention, as according to some verses of the Holy Quran, even though the mistake is unintentional, it is not impeachable, but if it has an intentional origin and Deliberate abandonment is grounds for impeachment,.

Keywords

• : fault
• risk
• prevention of possible loss
• aggression
• sin
• impeachment

Main Subjects

• Criminal jurisprudence

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