نوع مقاله : مقاله پژوهشی
1 استادیار گروه فقه و حقوق اسلامی دانشگاه آزاد اسلامی اسلامشهر
2 کارشناس ارشد حقوق جزا و جرم شناسی دانشگاه آزاد اسلامی اسلامشهر(نویسنده مسئول)
عنوان مقاله [English]
The two countries of Iran have relatively close laws for religious and cultural similarities, and both claim to have their own laws based on the sacred law of Islam .one of the laws of the two countries is the penal code, and one of the major offenses in both laws is intentional homicide, despite the different penalties provided for in the two countries ‘penal laws. The present study attempts to study and explain the differences and similarities of the mentioned punishment by comparing the two laws with a descriptive and analytical method and finally determine the degree of conformity of both laws with Islamic jurisprudence. The findings of the study indicate that the punishment of premeditated murder in Iranian criminal law, retribution and in the Iraqi state is one of the three punishments of life imprisonment or provisional imprisonment, execution and life imprisonment or execution. in Iran, the primary punishment for premeditated murder is retribution, and in Iraq, the primary punishment for deliberate murder, temporary or permanent imprisonment, and in certain cases, the death penalty, although most cases and cases of premeditated murder included .the president is on exception and has stipulated that the Iraqi code, the primary and unconditional punishment of his killer, be executed .the president is on exception, and the death penalty is stipulated by the Iraqi penal code. Ultimately, it is clear that the punishment of intentional murder in Iranian law is in accordance with sharia principles, while in Iraqi law, the customary law has taken the place of sharia.