Analysis of the Crime of Kidnapping in Islamic Jurisprudence and Criminal Law of Iran

Document Type : Original Article

Authors

1 M.A. in Theology & Islamic Teachings, Shahid Chamran University of Ahvaz, Ahvaz

2 Assistant Professor of Theology & Islamic Teachings, Shahid Chamran University of Ahvaz, Ahvaz

3 Associate Professor of Theology & Islamic Teachings, Shahid Chamran University of Ahvaz, Ahvaz

10.22055/ajkrl.2020.28783.1039

Abstract

Respect for freedom and condemnation of its deprivation are agreed upon in international law and the laws of countries, including the laws of Iran. Kidnapping can, under certain circumstances, be considered an international crime and a political crime, and the abduction of persons is an example of a crime against the freedom of the body. In the definition of kidnapping and its punishment, the legislator in Article 621 of the Penal Code. (Punishments and deterrent punishments) has dealt with this crime in detail. The purpose of this study, in addition to examining the criminological causes of committing this crime and the status of its existing laws, as well as expressing jurisprudential opinions, is to examine the elements of the crime of kidnapping and ways to intensify its punishment, as well as its matching to similar crimes. In the end, we came to the conclusion that Article 621 does not meet the legal needs of society. Raise the level of awareness of members of society about the crime of kidnapping. Considering that we intend to analyze the constituent elements of crime and related issues from the perspective of criminal law and Islamic jurisprudence, the research method in this research is descriptive and analytical.

Keywords

Academic Journal of Knowledge and Research of Law
Volume 5, Issue 1
September 2019
Pages 115-132

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