| Abstrakt: |
"Dar~ is one of the rules of interpretation in Islamic jurisprudence, which causes the punishment to be revoked from a person to whom the attribution of a criminal act or the realization of his criminal responsibility is doubtful. This rule, with or without the name of the rule, has been the focus of jurists in the chapters of criminal jurisprudence, and various topics have been discussed under it. In the meantime, the suspicion of mental disorder in the case of the perpetrator of a criminal act has been less considered; In the sense that the perpetrator claims that the criminal act was committed in a state of mental disorder (insanity) and it is possible that sometimes without such a claim being made by the perpetrator, the judge himself may have suspicion about the presence of the perpetrator's mental disorder. This article, in a descriptive and analytical way, has examined two possibilities in the position of research on the inclusion or exclusion of the Dar~ rule regarding this kind of suspicion, and considered the flow of the Dar~ rule to be preferable in the case of the suspicion of insanity. The proofs of this statement are: the general word "suspicions", the necessity of verifying the lack of suspicion during punishment, the principle of the necessity of mitigating the punishment, and the independent rational verdict. [ABSTRACT FROM AUTHOR] |
