Examining reluctance in murder from the point of view of Mashoor and Ayatollah Azmi Khoei

Reluctance is one of the issues raised in jurisprudence and law, which is considered as a remedy for criminal liability. In many rulings and jurisprudential issues, including contracts and transactions, conditions have been considered, among which are the conditions of free will and lack of reluctance. Reluctance in the issue of murder is somewhat different from reluctance in other chapters of jurisprudence. In the matter of murder, no one can commit a murder and absolve himself of the responsibilities by justifying the involuntary nature of the act. Nevertheless, one should ask "what is the jurisprudential ruling of involuntary murder"? The present research has explained the answer to the mentioned question through the descriptive-analytical method by comparing the opinions of famous jurists with Ayatollah Khoei's point of view. According to the popular opinion, reluctance in murder, which is realized by the reluctance order to kill another, is not a license for murder, and the reluctance person must be punished. But Ayatollah Khoei's view on involuntary murder is different from the famous view. Therefore, he does not consider reluctance to kill as a reason for revenge due to conflict; However, if he commits murder, he must pay ransom.

کلیدواژه ها:

reluctance ، jurisprudential reluctance ، elements of reluctance ، conditions of reluctance ، involuntary murder ، temperament ، famous