Volume 13, Issue 1 (9-2025)
JRH 2025, 13(1): 0-0 |
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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: (48 Views)
Background and Purpose: Paraphilic illness is considered a type of 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 important. Judicial systems are very strict in this regard, and judicial practice has shown that it is strict on this issue.
Materials and Methods: This research used an analytical-descriptive method, and the researchers tried to examine the legal responsibilities of the aforementioned disease from the perspective of Islamic jurisprudence and law.
Results: The results showed that there is a possibility of physical harm to the patient, and the discharge of emotions by them is considered a necessity. 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 impose punishment on these patients.
Conclusion: 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 its conditions.
Materials and Methods: This research used an analytical-descriptive method, and the researchers tried to examine the legal responsibilities of the aforementioned disease from the perspective of Islamic jurisprudence and law.
Results: The results showed that there is a possibility of physical harm to the patient, and the discharge of emotions by them is considered a necessity. 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 impose punishment on these patients.
Conclusion: 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 its conditions.
Type of Study: Original Research |
Subject:
پزشکي قانوني
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