Criminal Provisions on Death due to Subsequent Effects of a Crime: A Comparative Jurisprudential Study
DOI:
https://doi.org/10.59670/ml.v20iS9.5860Abstract
This research focuses on discussing the extent to which the aggressor guarantees the subsequent effects of their crime, known as "sariyah" in Islamic jurisprudence. The research examines cases where there is doubt regarding the validity of such guarantee, especially if it is based on an authorized act. The research follows the content analysis of the Quoranic texts, hadiths, and juirists' opinions regarding the provisions on sariyah. This research includes three sections in addition to conclusions and introduction. The first section discusses the teath due to subsequent effects of punishment or retribution. The second section explores the provisions on the death due to subsequent effects of crime after being pardoned while the third section deals with the provisions on the death due to subsequent effects of crime after taking compensation pre- healing. The study concludes that it is crucial to distinguish between the subsequent effects of a crime that are justified in their essence and those that result from aggression. It is also recommdended for the important to practice the application of legal texts to the statements of scholars and develop skills in navigating conflicts and prioritizing between different opinions of jurists.
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This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
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