A Jurisprudential Critique of the Approach of the Islamic Penal Code Regarding Bankrupt Confessions in Criminal Actions
The financial possessions of bankrupt individuals are not legally and jurisprudentially valid in order to protect the rights of creditors. If confession as informing against a person that can have financial effects, done by the bankrupt, its credibility is challenged because of the impact has on cre...
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| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
Razavi University of Islamic Sciences
2023-02-01
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| Series: | آموزههای فقه مدني |
| Subjects: | |
| Online Access: | https://cjd.razavi.ac.ir/article_1274_fe6e13d17de870c6caf491c6a9ce8d8d.pdf |
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| Summary: | The financial possessions of bankrupt individuals are not legally and jurisprudentially valid in order to protect the rights of creditors. If confession as informing against a person that can have financial effects, done by the bankrupt, its credibility is challenged because of the impact has on creditors. A confession in a criminal action may be made regarding the financial liability resulting from the crime, which the legislator of Islamic punishment in Article 170 has considered it as invalid and if it is based on punishment is valid. The sources of Imāmiyya (Arabic: إمامیّة) jurisprudence have been examined in the present research by analytical and descriptive method, and it has been concluded that the bankrupt’s confession is valid in relation to the confessor, both in criminal matters and in the financial liability resulting from the crime, but in relation to the rights of creditors, although the validity of the confession is based on stronger foundations, but the famous jurists generally do not consider it t for the participation of the beneficiary of confession (Arabic: مقرٌّ له) with the creditors in the bankrupt’s existing property. The same ruling is also valid regarding the proved financial punishments such as blood money and fines, but there is no obstacle to the effectiveness of the confession regarding the sanction of criminal non-financial executions. |
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| ISSN: | 2251-936X 2783-3690 |