Permanent Impediments To The Death Penalty For Premeditated

Abstract

Islam is dedicated on the lives of persons in society as well as the applied law, as it considers aggression against the life of an individual without right, is aggression against the whole society because it is dedicated on the value of human blood and social fair, and that revenge by retribution from the perpetrator is a revival of society considering that the crime of intentional murder is the most serious and important among other crimes in terms of responsibility and penalty because it represents the right of human to live, and the intent to kill is the basic basis of the crime and hence the importance of studying and researching it and studying the death penalty and the obstacles to ruling in it or the obstacles to its implementation emanated, and there is no doubt that the psychological or moral element causing the implementing of the crime is much more difficult than the material element in it because proving the crime becomes more difficult if it is related to the psychological element compared to the material element. Since premeditated murder is the termination of a human life by another human being intentionally or unjustly, the reason for criminalization is represented by the attacking on the human right to life or from this standpoint, it is necessary to state the importance of studying premeditated murder in Imami jurisprudence and the Iraqi penal law in comparison with other Islamic doctrines and comparative laws and the obstacles to the death penalty in premeditated murder in addition to the obstacles to its implementation. The main research question was: What are the legal and legislative bases for the obstacles to the death penalty in the crime of premeditated murder in Imami jurisprudence and the Iraqi Penal law? , while the main hypothesis: The research assumed that there are legislations and texts approved to prevent the death penalty in what was stated in Imami jurisprudence and the Iraqi Penal law.