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Posts Tagged ‘Analyses’

Introduction

Post structuralism has numerous definitions. However, for purposes of this essay, we can define it as the application of cultural theory in post-modern contexts. In other words, there can be no relation between meaning and words prior to events. Post structuralists assert that meaning in society are brought on by the existence of events or discourses. Feminism within post structuralism refers to the way society is addressed with regard to race, gender and race. Additionally, feminisms also brings about the elements of transformation within the latter social relations. Feminist activists are constantly looking for way of articulating power inequalities in society especially for those who have been undermined in the past. (Lather, 1991)

How concepts within post structuralism feminism analyses can be applied to education

Post structuralism comes in different forms, consequently, the manner in which the different forms are practiced also varies. However, these forms have three major concepts in common and they include; meaning, subjectivity and language. Besides the latter three elements, post structuralism forms are also related in the manner in which they attempt to deconstruct. There is always an examination into the way society perceives certain realities and then a disruption of these perceptions. In other words, there is always a tendency to disrupt these socially constructed systems. Different forms of post structuralism have challenged social constructs and they have an attribute of controversy about them. One of the forms of post structuralism is feminism post structuralism. This form can be analysed through the following three concepts and then applied in education

Language

Through language, feminism post structuralism analyses can be applied in education. This is because one can be able to under social power, social meaning, social organisation and individual consciousness. Language is therefore a site for constructing social meaning. Language is a medium that facilitates the way individuals can live through the way it gives meaning to individual’s social discourses. Language gives meaning to the world and also allows individuals certain forms of subjectivity. In the field of education; especially higher education, one can understand how women use language as method of showing their discontent with society.

Subjectivity

Subjectivity may be regarded as a site for conflict and disunity as perceived by feminism post structuralists. Humanist subjects differ and are unique in their own identities. Consequently, the notion that human subjects are static, stable or rational is in strong opposition to this feminism post structuralist idea. Adherents to the feminism post structuralism theory assert that human beings are not socialised by society but instead create their own subjectification. This means that when one examines another’s subjectivity, they are in fact in the process of understanding how their counterparts are constituted. (Lather, 1991)

The process of constructing subjectivity creates tensions and instabilities which then becomes visible through the practices and discourses one undergoes. Since these discourses and practices are always quite different, then they create contradictions within ourselves that are synonymous with one’s subjectivity. The process of placing meanings to experiences varies from individuals to individuals, and also from society to society. Therefore, feminism post structuralism does not try to place subjectivity in fixed definition, but it refers to it as a fluid and continuous process of forming meaning to discourses.

When the latter explanation is applied to women’s positions in higher education, one can assert that there exists different reasons that explain why women take up the positions they do in educational institutions. It would therefore be wrong to generalise all the subjects within this field because they all have their various reasons and understandings for pursuing the positions they hold

Power

Feminism post structuralism gives a new reflection to the way power is perceived by society. According to the adherents of this theory, power should not just be a mechanism for repressing others; instead, it can be viewed as a mode for production. In this regard, adherents to this theory tend to look for ways in which weak points in power relations can be transformed or challenged. (Grosz, 1989)

When one applies the latter assertions in the field of education, it can be seen that some power relations come into play especially in administration. It is inherent in society that women and men are entitled to certain depictions of power. However, there seems to be a disconnect owing to the fact that females are not on an equal footing. It is therefore plausible to argue that there is a power gap in this social relation; post structuralism feminism demands that this gap must be challenged

Barriers faced by women climbing managerial ladders in education

In educational institutions today, there are more women than men doing undergraduate courses. Consequently, many have assumed that these women will proceed to obtain post graduate degrees and eventually climb up the ladder to become administrators. However, this has not been the case and many experts have given their opinions about why this could be happening. It is indeed alarming that the actual number of women in professoriate positions are just a handful. The percentages representing this number actually refer to all the lecturers and instructors. If most of the women in academic institutions are taking up only the lecturer’s positions, then it gives them very little room to grow thus implying that women are actually under represented in educational institutions. (Hollingsworth, 1994)

Some people have asserted that the reasons for these declining numbers of women within education can be attributed to sexual discrimination. But as research would have it, there is no uniform pattern of sexual discrimination in learning institutions. Some institutions do hire men over women regardless of the credentials of either gender. On the other hand, other institutions have asserted that they give women precedence in recruitment over men so as to bridge the gender gap in education. Both sides of the coin have well founded evidence in research within the UK. Many experts have found that the country has mixed reactions when it comes to female recruitment. Post structuralism feminism theory can be applied to explain these divisions in opinion. Owing to the issue of subjectivity, different individuals have their own understandings of practices depending on their very nature. Consequently, this could be the reason why some institutions tend to discriminate sexually while others do the opposite.

Other experts have asserted that the reason why women do not hold managerial positions in educational institutions is due to their biological nature. This means that women are inclined to reject jobs in academics owing to the fact they have a stronger inclination to raising children and bringing up families. Here, the blame is on women themselves; they are the ones who choose to get away from the field of education itself. This notion has no sustainable evidence to support it because there are certain women who have no children but are still disinterested in managerial positions. Besides that, there are also certain women who have children and still climb up the social ladder. (Britzman, 2003)

Other proponents argue that there are systemic barriers in education that prevent women from pursuing those career positions. These barriers are accounted by the fact that most women tend to self-select themselves away from these jobs given the obstacles that the system already has in place. Evidence shows that the numbers of women in under graduate levels are quite high, but as one continues to post graduate and even PhD levels, these numbers diminish. Research has shown that the percentage of women with PhDs in UK is much less than the percentage of women applying for academic managerial positions. Since women choose not to apply for managerial positions themselves, then there must be a reason. It was found that a substantial number of women in the country still feel that the rigours of academic managerial posts would be too demanding for them. Most of them have a hard time dividing loyalties between themselves and their families. Women still consider themselves as primary caregivers within the family and this is a demanding task

The other reasons that could be causing this disparity is the fact that women score less in self esteem meta analysis tests. Research conducted in UK academic institutions found that women’s self perception or their self esteem was lower than their male counterparts. Post structuralism feminism can be applied to explain the latter revelations. These figures could be as a result of the power concepts. Most individuals ascertain that they may not be ready to take up managerial positions because their social relations have indicated that there is a divide between the genders. Consequently, these women tend not to believe in themselves when asked about such positions.

Other adherents believe that women have minimal access to managerial positions because most of them may dislike the fact that it will invoke a lot of mobility. The issue of geography is very important to women. But in academics, one is required to move to another institutions or country to get a masters degrees. When they decide to get a doctoral degree, they are again required to move to another location. This issue is particularly troubling to women as most of them do not like moving from one place to another. This can be explained through the post structuralism feminism lens. In this regard, many women are expressing their subjectivity due to the experiences they have undergone in the past. In this regard, many subjects have been confronted with the negative elements that come with frequent mobility. As a result, so many of them embraced those experiences and made it part of their being. This is why they tend to disfavour these managerial positions. (Davies, 1994)

Another reason that could explain these minimal numbers of female students in academic positions is the issue of marriage. A survey conducted in the country found that women with post graduate degrees wanted spouses with similar academic qualifications. It is likely that the concern about finding marriage partners could be discouraging some women. This depicts power struggles according to post structuralism feminism.

Conclusion

There are external and internal factors that could be causing a gap between men and women in educational positions. The external factors are family concerns and sexual discrimination attitudes in some institutions. However, internal factors could also have caused this disparity and they include low self-esteem, mobility concerns and family balance. (Lather, 1991)

Reference:

Britzman, D. (2003): A critical study of learning to teach; State University of New York Press

Davies, B. (1994): Poststructuralist theory and classroom practice; Deakin UniversityPress

Grosz, E. (1989): Three French feminists: Sexual subversions; Allen & Unwin

Hollingsworth, S. (1994): Lessons and Conversations in a Feminist Key; Teachers College Press.

Lather, P. (1991): Feminist research in education: against/within; Deakin University Press

Analyses Islamic punishment

In

Iranian Islamic criminal code

Author: EHSAN ZARROKH

LLM OF ISLAMIC LAW

ZARROKH2007@YAHOO.COM

Abstract

I think criminal code is so important than other legal code because criminal law relevance to people life, honor and property so I think if you want scrutiny develop of society you must note to its criminal law & penal procedure. Iranian Islamic criminal law based on FIGH; so I explain some articles that exactly based on SHARI’A rules.

I try to state cause of Islamic rules and state roots of them with reference to KORAN, SUNNAH (stories of Islam messenger “MOHAMMAD”).

Here I say about “Rape, incest, adultery, Sodomy, Lesbianism, Pimping, Sexual Malicious Accusations, Intoxication, Civil Unrest (warfare and corruption on earth), Theft, Retaliated Punishments as Dead Penalty, Retaliated Punishments to Body Organs, Definition of Blood Money(mulct), Blood money for Murder, Liability for Blood Money, Causing a Crime, Blood Money for Body Organs, Blood Money for Abortion and …”.

Legislator in Article 12: There are five types of punishments: a) HAAD; b) GHESAS; c) DIYAT; d) TA’ZIRAT, e) DETERRENT PUNISHMENTS. Consider punishment.

3-1) HAAD

Under Article 13: HAAD is a punishment that its degree and type is not been specified in the SHAR’A.

HAAD divided into:

Rape [(sexual intercourse take by force) & incest (sexual intercourse with intimate woman) ZINA]

Sodomy [(anal intercourse) LAVAT]

Lesbianism [(female homosexuality) MOSAHEGHEH]

Pimping [manage a prostitution business (GHAVVADI)]

Sexual Malicious Accusations (GHAZF)

Intoxication [drunkenness (MASTI)]

Civil Unrest [warfare and corruption on earth (MOHAREBEH VA EFSADE FEL ARZ)]

Theft [robbery (SERGHAT E HAADDI)]

Rape & adultery & incest

Under Islamic criminal law we have three kinds of sexual relation: 1) rape: physically force another person to have sexual intercourse 2) incest: sexual intercourse with intimate woman like mother, sister… 3) adultery: sexual intercourse that adulterer & adulteress have wife or husband.

For make easier, in this article I don’t tell between them; in Article 64:” Adultery shall be punishable (subject to HAAD) when the adulterer or the adulteress is of age, sane, in control of his or her action and cognizant of the illicit nature of his or her act.” Legislator define ZINA; Ways to prove adultery in court are: 1) confession this way state in Article 68: “If a man or a woman repeats his or her confession of adultery four lashes before the judge, he or she shall receive the designated punishment, but if he or she repeats his or her confession fewer than four lashes, the punishment shall be at the judge’s discretion.” 2) Testimony this way state in Article 74: “Adultery, whether punishable by flogging or stoning, may be proven by the testimony of four just men or that of three just men and two just women.” And Article 75: “If adultery is punishable only by flogging it can be proven by the testimony of two just men and four just women.” Also I must say according to Article 76: “The testimony of women alone or in conjunction with the testimony of only one just man shall not prove adultery but it shall constitute false accusation which is a punishable act.” the testimony of women alone or in conjunction with the testimony of only one just man shall not prove adultery, because Islamic jurisconsult say women are sentiment and they can think well so can’t accept their testimony with out men in important cases and in these cases their problem in think eliminate with increase their number for testimony, so two woman are equal with a man.

Types of Punishments for Adultery state in 8 articles so I statement and explain them. Article 82: The penalty for adultery in the following cases shall be death, regardless of the age or marital status of the culprit: (1) Adultery with one’s consanguineous relatives (close blood relatives forbidden to each other by religious law); (2) Adultery with one’s stepmother in which the adulterer’s punishment shall be death; (3) Adultery between a non-Muslim man and a Muslim woman, in which case the adulterer (non-Muslim man) shall receive the death penalty; (4) Forcible rape, in which case the rapist shall receive the death penalty.

Article 83: Adultery in the following cases shall be punishable by stoning: (1) Adultery by a married man who is wedded to a permanent wife with whom he has had intercourse and may have intercourse when he so desires; (2) Adultery of a married woman with an adult man provided the woman is permanently married and has had intercourse with her husband and is able to do so again. Note: adultery of married woman with a minor is punishable by flogging.

I must say adultery of married woman with an insane man is punishable by stoning;

But adultery of married man with an insane woman is punishable by flogging; here we see difference between men and women, Islamic jurisconsult say if woman adultery with insane man, because the man is adult may inseminate her so her punished her by stoning; but I think just way is one punishment for man and woman. Article 84: Old married adulterers and adulteresses shall be flogged before being stoned.

Article 87: if a married man commits adultery prior to consummation [sexual intercourse], he will be sentenced to penance by lashes, shaving his hair and banishment for one year. But marriage enough for woman, doesn’t need to intercourse and they condemn to stoning.

Article 88: The punishment for an unmarried adulterer or adulteress shall be one hundred lashes.

Article 90: If a man or a woman has committed the act of adultery several lashes and has been punished after each act, he or she shall be put to death following his or her fourth act of adultery.

Article 94: if there is no hope for the recovery of the sick persons and the judge deems it appropriate for penance to be executed, a bunch of twigs or scourges consisting of one hundred scourges or twigs will be struck only once to the body of the condemned, although not all of the twigs or scourges may strike the body.

I must say under Islamic criminal law it called ZEGHS.

Article 95: if a person who is condemned to penance becomes an apostate [a born Muslim who changes his/her religious] or insane, the penance will not be valid.

Quality of Punishment

Article 100: The flogging of an adulterer shall be carried out while he is standing upright and his body bare except for his genitals. The lashes shall strike all parts of his body–- except his face, head and genitals– with full force. The adulteress shall be flogged while she is seated and her clothing tightly bound to her body.

Article 102: The stoning of an adulterer or adulteress shall be carried out while each is placed in a hole and covered with soil, he up to his waist and she up to a line above her breasts.

Jurisconsult says about reason of this article, that because woman breasts are salient she must placed in a hole and covered with soil up to her breasts; but I must say just way is both of them placed in a hole up to their breasts.

Article 103: if during stoning the stoned person flees from the pit and his/her adultery was proven by his/her confession, he/she will not be returned to the pit. But if his/her adultery was proven by the testifying of the witnesses, he/she will be returned to the pit for the stoning to be executed.

Note: if person who is sentenced to lashes flees, he/she will be returned for execution of the penance [whether the adultery was proven by his/her confession or testimony of witnesses].

Article 104: the stone shouldn’t be big enough to kill the person by one or two strike, neither should it be so small that it can’t called a stone.

Cause of legislation of this article is suffered of guilty.

Sodomy

Article 108: Sodomy is sexual intercourse with a male.

Article 109: In case of sodomy both the active and the passive persons will be condemned to its punishment.

Article 110: Punishment for sodomy is killing; the SHARI’A judge decides on how to carry out the killing.

Killing define in FIGH as kill with sword; throw of mountain, demolish wall on guilty and burn this one may attach to others.

Article 112: If a mature man of sound mind commits sexual intercourse with an immature person, the doer will be killed and the passive one will be subject to TA’ZIR of 74 lashes if not under duress.

Article 113: If an immature person commits sexual intercourse with another immature person, both of them will be subject to TA’ZIR of 74 lashes unless one of them was under duress. Articles 112 and 113 are most wondrous that child punished if they commit sodomy whereas article 49 state “minors, if committing an offence, are exempted from criminal responsibility. Their correction is the responsibility of their guardians or, if the court decides by a center for correction of minors.”

Ways of proving sodomy in court

Confessing and testimony these ways state in two articles:

Article 114: By confessing four lashes to having committed sodomy, punishment is

Established against the one making the confession.

Article 117: Sodomy is proved by the testimony of four righteous men who might have observed it.

Article 119: Testimony of women alone or together with a man does not prove sodomy.

Crimes dependent to sodomy

Article 121: Punishment for TAFKHIZ (the rubbing of the thighs or buttocks) and the like committed by two men without entry, shall be hundred lashes for each of them.

Article 122: If TAFKHIZ the like are repeated three lashes without entry and punishment is enforced after each time, the punishment for the fourth time would be death.

Article 123: If two men not related by blood stand naked under one cover without any necessity, both of them will be subject to TA’ZIR of up to 99 lashes.

Article 124: If someone kisses another with lust, he will be subject to TA’ZIR of 60 lashes.

Lesbianism (MOSAHEGHEH)

Article 127: MOSAHEGHEH (lesbianism) is homosexuality of women by genitals.

Article 128: The ways of proving lesbianism in court are the same by which the homosexuality (of men) is proved.

Article 129: Punishment for lesbianism is hundred (100) lashes for each party.

Article 131: If the act of lesbianism is repeated three lashes and punishment is enforced each time, death sentence will be issued the fourth time.

Article 134: If two women not related by consanguinity stand naked under one cover without necessity, they will be punished to less than hundred (100) lashes (TA’ZIR). In case of its repetition as well as the repetition of punishment, hundred (100) lashes will be hit the third time.

These articles define lesbianism and its condition and ways of prove it in the court.

But there is one grotesque article about prove lesbianism legislator state in Article 128: The ways of proving lesbianism in court are the same by which the homosexuality (of men) is proved, when this crime only committed with female and their testimony can’t prove it how prove it???!!!

Pimping (GHAVVADI)

Article 135: Pimping means that someone brings two individuals together or puts them in contact with each other for fornication or homosexuality.

Article 136: Pimping is proved by two confessions if the confessor is mature; of sound mind has free will and intention.

Article 137: Pimping is proved by the testimony of two righteous men.

Article 138: Punishment of a man for pimping is seventy (70) lashes and exile from the place of (his) domicile for a period of 3 months up to one year and punishment of pimping by a woman is seventy five (75) lashes only.

Difference between man & women in this article emanate than Islamic order about women that they must stay at home and doesn’t visited in society so Islamic legislator try to contemplate it.

Sexual Malicious Accusations (GHAZF)

Article 139: GHAZF (malicious accusation) means that someone associates fornication or sodomy with a certain person.

Article 140: Punishment for GHAZF (malicious accusation) is 80 lashes for a man or woman.

Note: execution of penance for false accusation is subject to the request of the accused

Article 146: false accusation will result penance if the accuser [i.e. the person who accuses] is mature, sane at liberty and intensive and the accused is also mature, sane, Muslim and righteous. If the accuser and accused don’t have one of these conditions, penance for false accusation will not be proven [should have been false accusation will not be proven]

Article 147: if a discerning minor falsely accuses another person, by the decision of the judge he/she will be subject to corrective measurement. If a mature and sane person falsely accuses a minor or a non-Muslim he/she will be sentenced to up to seventy four lashes.

Article 149: if a person falsely accuses his/her relatives, he/she will be penance.

Note: if a father or parental grandfather falsely accuses his son or grandson, he will receive punishment according to the TA’ZIR [up to seventy for lashes].

Articles 153: false accusation will be proven by two confessions or by the testimony of two just men.

Article 157: if a person falsely accuses other people on several occasions and he/she is penance after each occasion, on the fourth occasion he/she will be executed.

Article 164: the right or request for execution of penance will be transferred to all heirs except wife or husband. Every one of the heirs can request for the execution of penance, although the rest of the heirs have pardoned [the accused].

Intoxication (MASTI)

Intoxication means altering of one’s mental or physical state usually as a result of ingesting some substance; of euphoria, exhilaration; poisoning; under Islamic criminal law intoxication punished by HAAD.

Ways of prove

Article 168: if a person confesses twice to consumption of intoxicants, he/she will be penance.

Article 170: consumption will only be prove by testimony of two just man.

Article 171: if one of the two just men testifies that a person has consumed an intoxicant and the other testifies that the person has vomited an intoxicant, the penance is proven.

Article 174: The punishment for intoxication is 80 lashes for both men and women.

Article 176: When flogging is carried out, the man being flogged shall be in a standing position and be bared except for his genitals, whereas the woman being flogged shall be seated and her clothing tightly bound to her body.

Note. The face and head and genitals of the condemned shall not be struck by the lashes during flogging.

Article 179: if a person consumes an intoxicant several times and has received the penance after each consumption, on the third occasion he/she will be executed.

Article 180: if the condemned becomes insane or apostate, the penance will not be void. [I.e. it will not be executed]

Civil Unrest [warfare and corruption on earth (MOHAREBEH VA EFSADE FEL ARZ)]

Islamic legislator define warfare and corruption on earth in article 183″any person resorting to arms to cause terror, fear or to breach public security and freedom will be considered as a MOHAREB and be corrupt on earth.

Note 1: a person who draw arms on people but due to inability doesn’t cause fear isn’t a MOHAREB.

Note 2: if a person draws arms on one or several specific persons because of personal enmities, [he/she] will not be regarded as a MOHAREB.

Note 3: there is no difference between fire arms and cold weapons.”

Ways of prove

Article 189: propagation of MOHAREBEH and corruption on earth will be proven by one of following methods:

A) By confessing once provided the confessor is mature, sane and his confession is made intentionally and at free will.

B) Testimony of two just man.

Note 1: testimony of people who have been attacked by the MOHAREBSAND such testimonies which are in support of each other aren’t acceptable.

Note 2: if out of some people who have been attacked by the MOHAREBS, some testify that no harm was done to them, their testimonies will be accepted [as opposed to testimonies] of other.

Penance for MOHAREBEH and corruption on earth

Penance for MOHAREBEH state in article 190, this article state: “penance for MOHAREBEH and corruption on earth is one of the following four things:

1) execution

2) he/she shouldn’t remain crucified for more than three days, but if he/she dies within three days, he/she can be taken down [from the cross]

3) if he/she remains alive after three days [he/she] should not be killed

4) banishment”

Under Islamic law judge has the discretion of choosing one of the above four penance whether that has killed or injured someone or has taken someone’s property or has committed none of these.

Article 195: crucifixion of a MOHAREB will be executed as follows: [I.e. if crucifixion is the sentence, executing it will be as follows].

A) method of tying doesn’t kill him/her

B) He/she should not remain crucified for more than three days, but if he/she dies within three days, he/she can be taken down [from the cross].

C) If he/she remains alive after three days shouldn’t be killed.

D) Amputation of right hand and left leg will be by the same method as it is for “penance of theft”.

Theft (SERGHAT E HADDI)

Theft and conditions for come off it and ways of prove state with legislator in seven articles.

Define of theft state in article 197:”theft is stealing someone else’s property secretly. “

Condition of theft state in article 198: 1) the owner has placed the property in enclosure [secure place]; I must say owner himself/herself not his/her proxy, 2) the theft either individually or in association with some-one else has broken the enclosure [secure place]; this bond means if (a) broken the enclosure and (b) steal property this isn’t theft with hard punishment(SERGHAT’E'HADDI) but it can be another type of theft (SERGHAT’E'TA’EZIRI); [there are two type of theft under Islamic criminal law theft, has these conditions called (SERGHAT 'E' HADDI) and other type is theft that hasn't these conditions called (SERGHAT 'E' TA'ZIRI).

Enclosure is a place where the property in placed in order to be secure from theft.

3) The theft is not the father of the owner. This bond issue from story of Islamic messenger (MOHAMMAD) and he said "you and your property belong to your father." According this story if father or parentally grandfather steals their children property they don't condemn to punishment of "SERGHAT 'E' HADDI".

Ways of prove

The theft which will result in penance will be proven by one of the following ways:

A) Testimony of two just men

B) Two confession pf thefts to the judge provided the confessor is mature, sane, free and purposeful.

C) Knowledge of judge.

Note: if the confession to the judge is made once by the thief, the thief should return the property to its owner but he will not be penance.

The punishment for theft is as follows: [under article 201]

A) On the first occasion amputation of the full length of four fingers of the right hand of the thief in such a manner that the thumb and palm of the hand remain.

B) On the second occasion amputation of the left foot in such a manner that half of the sole and part of the place of anointing [during ablution] remain.

C) On the third occasion [the punishment] is life imprisonment.

D) On the fourth occasion [the punishment] is execution even though [the fourth] theft was committed in prison.

Note 1: prior to the execution of the punishment, multiple thefts will be considered as one theft [I.e. if the previous thefts have not been punished they will be disregarded and only the current theft will be punished.

Article 202) if the fingers of the theft's hand are amputated and after the execution of the punishment, it is proven that he had previously committed a theft, his/her left foot will be amputated.

This sentence issue from KORAN, jurisconsults says because most of thefts occur with hand and the best way for prevent theft if amputate hand and because most of people do most their works with right hand so Islam said amputate it.

GHESAS [Retaliated Punishments]

Article 204: homicide [or murder] is divided into three categories: premeditated, unpremeditated, accidental.

In premeditated, murderer has intention to makes an action which is inherently lethal and intention to kill. But in Islamic criminal code where the murderer intends to kill a specific person or a non-specific person from a group whether his action is inherently lethal or not but the action result in murder, or where the murderer doesn’t intend to kill and his/her action isn’t inherently lethal to the person [who is murdered] because of [the murdered person's] condition such as illness, disability, old age, childhood and the like, and murderer aware of these conditions.

In unpremeditated murderer has murderer has intention to makes an action which is inherently lethal but doesn’t have intention to kill.

In accidental murderer doesn’t have intention to makes an action which is inherently lethal and intention to kill.

According to article 205 premeditated murders will result in retaliation (GHESAS) but for retaliation need some condition 1) murderer and slain must be Muslim because Muslim doesn’t retaliation for non-Muslim 2) if a Muslim man premeditatedly murders a Muslim woman, he will be sentenced to retaliation, but prior to retaliation the heir of the slain woman should pay half the mulct (blood money) of the man to him; because under article 300 “the mulct for a murdered Muslim woman is half of the mulct for a Muslim man no matter if the murder is premeditated or unpremeditated.” Reason for this article and difference inconspicuous but jurisconsults say because men supply expenditure family so his blood money must twice of woman blood money; but I have objection to their logic, A) their reasoning is authentic when women don’t work out of home, now in Iran we see so much women that they superintend their family B) if we accept this reasoning we must suffice to unpremeditated as this logic is against principle; altogether I think this article is against human rights and justice because KORAN said “there is life in retaliation” and this condition cause most of murderer don’t retaliation as most of Iranian family can’ pay half of men blood money and prefer to take her blood money.

3) If murder is slain father he doesn’t sentenced to retaliation article 220″a father or paternal grandfather who kills his child will not be retaliated and will be sentenced to mulct of murder which should be paid to the inheritors of the murdered” reason of this sentence that I said about theft “story of Islam messenger (MOHAMMAD) he said you and your property belong to your father”; this isn’t reasonable cause for legislation and conflict with Islamic doctrine, Islamic doctrine say children are present of GOD and don’t belong to parents, also in KORAN we don’t see any order about this; if we accept this order we must say children belong to their mothers not fathers so this order must state for mothers.

Altogether order like this cause some father kill their children especially girls, [we see instance of this in KHOZESTAN (a state located south of Iran)].

Under article 222 if a sane person murders an insane person he/she will not be retaliated; this article says another condition: wisdom.

If several Muslim men kill a Muslim man the heir of the slain must pay their blood money to retaliation all of them or only retaliation one of them.

I must say under article 211 “reluctance to commit murder or committing murder on the order of another person isn’t a license to commit murder; and murderer condemn to retaliation; and who has ordered the murder or who has forced the murder to be committed will be sentences to life imprisonment.”

Ways to Prove Murder in Court

Article 231 say “methods of proving murder in the court are:

A) confession

B) testimony

C) compurgation

D) judge’s own knowledge

Article 232 states: by confessing to premeditated murder, the premeditated murder is proven; even the confession is made once.

Article 237 state: (1) First degree murder shall be proven by testimony of two just men; (2) Evidence for second-degree murder or manslaughter shall consist in the testimony of two just men, or that of one just man and two just women, or the testimony of one just man and the sworn testimony of the accuser.

Article 239 state: if due to some indications or by another means such as testimony of one witness, presence of a person with traces of offence at the scene of crime, presence of murdered at the residence or place of frequent of person, testimony of trustworthy discerning child, or the like, the judge suspect that the accuses has committed the crime, this [suspicion] will be of the cases of doubt.

In case of doubt, first-degree murder may be proved by the sworn testimony of 50 men who must be sanguineous relatives of the claimant. If the number of the sworn testimonies does not reach 50, any of the male testifiers may repeat his oath as many lashes as it is necessary to constitute 50 testimonies. If the claimant cannot present any of his sanguineous male relatives to provide sworn testimony in support of his or her claim, the claimant may repeat the sworn testimony 50 lashes, even if she is a woman. The claimant [in the case of murder] may be either a man or a woman but in either case he or she must be one of the victim’s inheritors.

Under Islamic criminal law if prior to dying, the murdered person remits the murderer from retaliation, retaliation will be null and the heirs of the murdered person can’t ask for retaliation; but Islamic law doesn’t determine are they can ask blood money or not? I think because this is premeditated and under article 205 its punishment is retaliation; then murdered remits murderer his/her heirs can ask blood money.

Retaliation of limb

Premeditated mayhem or injury of limb will result in retaliation, and unpremeditated and accidental mayhem will punished by blood money.

In retaliation for limb other than the condition aforesaid of life: A) limbs are equally healthy (unless eyes: the healthy eye will be retaliated for unhealthy one) B) limbs are equally genuine [not artificial] C) equality in location of injured or cut of limb (unless hand) D) retaliation doesn’t result in death or detect of another limb E) retaliation doesn’t exceed the crime.

I must say according to article 273: in retaliation for limb, men and women are equal and a male offender will be sentenced to retaliation for the same limb as he has defected from a woman unless the mulct for the defected limb is one third or more than one third of full mulct (means men mulct not women) in which case in order to retaliation, the woman should pay the mulct of the limb to the man.

This article is Incomprehensible; perhaps women pain for injury is half of men.

Altogether Iranian Islamic rules about retaliation need to change and adjustment with humanity.

Mulct (DIYAH)

Article 294 defines mulct it says: mulct is property which should be paid to a victim of murder or his/her heirs and a victim of injury.

Responsibility of paying the mulct

In premeditated an unpremeditated murders, the murderer is responsible for paying the mulct and in accidental murders, if the murder was proven either by evidence, compurgation [oath taking] or knowledge of the judge, the paternal relative (A’GHELEH) with the exception of women [of the murderer] is responsible for paying the mulct, but if the murder is proven by the confession of the murderer doesn’t compurgation or doesn’t take oath [he/she] is responsible to pay the mulct.

A’GHELEH this term has no English equivalent but refers to the person who is responsible for payment of mulct, other than the criminal. It has been defined as “paternal relative with the exception of woman” throughout this translation] is defined as paternal relatives with the exception of woman who are regarded as inheritors of a person. These people are equally responsible for the payment of mulct.

Under article 315: if two people are accusing of having committed a crime Ana each one accuses the other one of having committed the crime, and it can be proven which one was the murderer, one of them should pay the mulct by drawing lots.

Perhaps you think this isn’t square order, but I evidence this is a square order, according to supposition state in this article we sure one of these two people is murderer, perhaps you think its better we divided mulct into both of them; but I say when we take mulct than both of them certainly we punished innocent person but when we drawing lots we punished one of them and its probable he/she is guilty or innocent; so this way is next to be justice.

Cause of responsibility

A) Conduction means: committing a crime directly by the criminal.

B) Cause means: when a medical doctor, even if it is a skilled one, treats [a patient] directly or orders the treatment to be made, even if the treatment is done with the permission of the patient or [his/her] guardian and the treatment result in loss of life or causes a defect, that medical doctor is responsible and hence should pay for the damage.

Important note is: any crimes causing complete or partial loss of mind don’t result in retaliation and always punished by mulct.

The amount of mulct for loss sense is determine by legislator but the amount of mulct for loss of sense of taste is decided by judge, that called “A’RSH”.

If some one shoots bullet or things similar it to men he/she must pay 2600 us dollar as mulct (2007/3/25) but if he/she shoots to woman his/her punishment determine with judge (A’RSH); really this one hasn’t any reason and certainly against humanity.

Mulct for abortion

When embryo hasn’t soul apply equally to male and female embryo in amount of mulct but when the embryo has soul and the embryo is a boy, full mulct applies; if the embryo has a soul and the embryo is a girl, half mulct applies and if the sex of the soiled embryo isn’t clear, three quarters of mulct applies.

TA’ZIRAT

TA’ZIR is a punishment that its degree and type is not been specified in the SHARI’A and it is up to the decision of the judge. TA’ZIR can be in the form of imprisonment, fines, or flogging (it should be less than HADD).

Articles 498 up to 729 are about TA’ZIR; it does contain 29 chapters:

1: Crimes against National Security. 2: Insulting the Religious Sanctities or State Officials. 3: Insulting or Attempting at Foreign State Officials. 4: Producing False Money. 5: Forgery and Fraud. 6: Breaking Official Stamps. 7: Escaping from Prison. 8: Usurpation. 9: Damaging Historical Properties. 10: Wrongdoing of State Officials. 11: Usury and Bribery. 12: refuse to do legal duty. 13: Disobedience of State Officials. 14: Attacks on State Officials. 15: Personal Insults. 16: Compliance in a Crime. 17: Offenses against people and children. 18: Offenses against Public Moral. 19: Offenses against Family Duties. 20: Lying under oath. 21: Theft. 22: Threatening.

23: Bankruptcy. 24: Violation of Consignment. 25: Incineration and Damaging Properties or Animal. 26: Violating real estates and other properties. 27: Libels and Revilements .28: Intoxication, Gambling, and Vandalism. 29: Violating Traffic Rules

Deterrent punishment

Deterrent punishment is a punishment that is imposed by the government in order to maintain the public order. It can be in the form of imprisonment, fines, or flogging (it should be less than HADD). This means reign orders that issue from government and most of them don’t have SHARI’A roots.

At the end I must say I try to explain the most important articles that correlate to humanity; and state reason of them, I hope my article helps you to have good view about Islam and its legal system.