Volume 13, Issue 1 (9-2025)
JRH 2025, 13(1): 0-0 |
Back to browse issues page
Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
Jafari M, Karimi V. Civil and Criminal Responsibilities of Paraphilic Mental Illness Patients from the Perspective of Islamic Jurisprudence and Law. JRH 2025; 13 (1)
URL: http://jrh.mazums.ac.ir/article-1-1188-en.html
URL: http://jrh.mazums.ac.ir/article-1-1188-en.html
Law Department, Varamin Branch, Islamic Azad University, Varamin, Iran
Abstract: (506 Views)
Paraphilic illness is considered a mental and psychological illness in which the patient experiences intense excitement during sexual intercourse, which may cause physical and financial losses. The principle is that harm to the life and property of another person is subject to legal responsibilities; therefore, legal examination of this issue is essential. Judicial systems are rigorous in this regard, and practice has shown strict adherence to this issue. This research employed an analytical-descriptive method, and the researchers aimed to examine the legal responsibilities of the disease mentioned above from the perspective of Islamic jurisprudence and law. The results showed that there is a possibility of physical harm to the patient, and their emotional discharge is considered necessary. Therefore, such movements are performed involuntarily, and the material element of the crime is distorted. For this reason, criminal liability cannot be considered for the patient. However, civil liability remains in force, since the effect of malicious intent has not been defined in the literature of civil law. Islamic jurists unanimously consider it necessary to punish these patients. Criminal lawyers have not yet paid attention to this issue due to the lack of specialized examination of criminal liability. It is necessary to explicitly eliminate the criminal liability of these patients and clarify the conditions under which it applies.
Type of Study: Original Research |
Subject:
پزشکي قانوني
Send email to the article author
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |
