Abstract:

States establish legislative laws in order to ensure social peace and to provide confidence and safety of people. The criminal laws take an important place on the stating, implementation and continuity of these rules. The criminal law focuses on criminal while other law branches take the crime as a base and focus on it. Almost in every law system the psychology of the criminal on the items that push him into crime is very important. The psychology of the criminal and the style of committing crime is also considered by 'Islamic Criminal Law'. While the modern Criminal Law of Judgment falls the way of punishing not only the crime but also the reasons beyond it, the personality of the criminal and the type of crime; does Islamic Penalty and Judgment Law think different from the modern law? It is known that Islamic Penalty and Judgment Law considers the psychological sitiation of the criminal while committing crime and thinks the reasons that push him into crime. It is worth searching for the effects of unjust provocation over punishing the guilty especially in terms of theological and humanic penalties. Thus, the fact that there isn't a search on the effects of unjust provocation in Islamic law pushes us to do this study. We will try to examine the effects of unjust provocation on punishing in terms of "Islamic law."

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