Jurisprudential Perspectives on the Punishment of Intentional Homicide Based on the Type of Intent

Abstract

Intentional homicide is regarded as one of the most significant crimes against persons in legal and jurisprudential systems, and due to its direct connection with the human right to life, it has consistently attracted the attention of Islamic jurists and legislators. One of the most important elements in establishing intentional homicide is “intent,” which, in Islamic jurisprudence and Iranian criminal law, plays a decisive role in determining the nature of the offense and the corresponding punishment. Accordingly, the type of the offender’s intent—including direct intent to kill, the commission of an inherently lethal act, or knowledge of the lethal nature of the act in relation to the victim—may affect the characterization of the homicide and the determination of its punishment. The present study, using a descriptive-analytical method and relying on jurisprudential and legal sources, examines the viewpoints of Shiite jurists and certain contemporary legal theories regarding the punishment of intentional homicide based on the type of intent. The findings indicate that Islamic jurisprudence proposes various criteria for establishing intentional homicide, including direct intent to kill, intent to commit an act that is inherently lethal, and awareness of the occurrence of the fatal result. These criteria have also been reflected in the Islamic Penal Code and constitute the basis for determining the punishment of qiṣāṣ (retaliation in kind) or other penalties. Analysis of the viewpoints demonstrates that although there is consensus regarding qiṣāṣ al-nafs as the punishment for intentional homicide committed with direct intent, disagreements exist among jurists and legal scholars in cases such as coerced homicide, mistaken identity, homicide resulting from provocation by the victim, or homicide committed under particular circumstances.