2019 Volume 4 Issue 2 Supplementary
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MANSLAUGHTER AND ITS SPIRITUAL ELEMENT FROM THE PERSPECTIVE OF ISLAM


Ali ZANGANEH1*, Mohammad NOZARI FERDOWSIEH 2
Abstract

Manslaughter is one type of murder which is the intermediate point between murder and killing by mistake. In other words, the murder that can be titled neither unintentional nor intentional in an absolute manner and, in the meanwhile, both of the titles can be used thereto is called manslaughter. Although some of the Sunni jurisprudents do not believe in manslaughter and hold that the dividing of the murder in jurisprudence and law to intentional, unintentional and manslaughter is against the text because the praised Quran has only spoken of two kinds of murder. Thus, the present study’s authors aim at reviewing the ĀYĀT and narration as well as the jurisprudential opinions regarding manslaughter crimes thereby to explore such crimes in Islam. According to the library studies, it can be concluded that although manslaughter has not been explicitly mentioned in the holy Quran, narrations and jurisprudents’ ideas can be used to come up with the finding that such a type of murder is also existent in Islam. Moreover, the spiritual element in this type of murder has also been mentioned in Islam and jurisprudents’ notions.


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