Journal of Research and Development in Comparative Law

Journal of Research and Development in Comparative Law

A Comparative Study of the Criminal Law Approach of Iran and a Number of other Muslim Countries Towards Self-harming

Document Type : scientific research paper

Authors
Arash Gharibi 1
Abolfath Khaleghi 2
Morteza Fathi 3
1 PhD student in Criminal Law and Criminology, University of Qom, Qom, Iran
2 Professor of Criminal Law and Criminology, Qom University, Qom, Iran
3 Assistant Professor of Criminal Law and Criminology, University of Qom, Qom, Iran
10.22034/law.2024.2036664.1423
Abstract
Self-harming refers to non-fatal physical harm to oneself, without conscious suicidal intent. In this respect, two types of self-harm are conceivable based on intention. These include intentional self-harm and unintentional self-harm.What is certain is that when facing the phenomenon of self-haring, it is necessary to adopt various measures, including punitive and non-punitive measures.The prevailing expectations and perceptions of any social system is to respond punitively to the behavior that violates the rights of others on the part of the perpetrator, and not to an action that a perpetrator may take to the detriment of his own interests and privileges. However, various criminal law systems, including those of Iran and some Islamic countries, have gone beyond this general perception and criminalized self-harming. In this article, conducted relying on the descriptive-analytical method, an attempt has been made to carry out a scholarly investigation of Iranian criminal law and a those of a number other Islamic countries and to formulate clearly the punitive aspect of the systems under study regarding the phenomenon of self-harming. The main focus of this research is to discover what measures Iranian criminal law and those of other Muslim countries have taken concerning a diverse range of self-harming actions. The logic behind selecting the penal systems of the countries that are the subject of this comparative study includes, in addition to religious commonalities, the similar cultures they share with Iranian society. All of them have introduced Islam as the formal Sharia and its rulings as the source of legislation, and have taken steps to codify jurisprudence in their criminal policy and in codification of their own laws. The research findings show that Iran's criminal law approach, considering its jurisprudential, legal, and cultural origins, has similarities and differences in criminalization compared to the countries under study, and has adopted punitive and non-punitive responses to self-harming that have been enumerated in detail.
Keywords
Self-harming
physical harm
suicidal intent
without suicidal intent
criminal response

Subjects

  • , M. (2016). Anti-Suicide Laws in Nine African Countries: Criminalization, Prosecution and Penalization, African Journal of Criminology and Justice Studies: AJCJS, Vol.9, Issue 1.
  • Afshar Nazanin, (1402), complications and risks of abortion, https://doctoreto.com/blog/complications-risks-abortion. [in Persian]
  • Alizadeh, H. (2020). Criminal Reaction to Intentional Homicide in Mesopotamian Civilization. Journal of Research and Development in Comparative Law, 3(8), 119-144. doi: 10.22034/law.2021.520943.1001 [in Persian]
  • Allameh Hali (1413 AH), Al-Qasas al-Ahkam, vol. 1, p. 138. 3, Qom: Jamaat al-Mudrasin fi Hoza al-Elamiya al-Qom. Islamic Publications Institute. [in Arabic]
  • Al-Najafi Al-Jawaheri Mohammad Hassan (1362), Jawaharlal Kalam in the Explanation of Islamic Laws, Vol. 43, 7th edition, Beirut, Dar Ihiya al-Tarath al-Arabi. [in Arabic]
  • , C., & Peterson, S. (2001). Dialectic behavior therapy for patients with borderline personality disorder. Journal of Psychosocial Nursing, 39(10), 38–45.
  • Al-Qunun Al-Naz'az Al-Omani issued by Royal Decree No. 7 of 2018 AD. [in Arabic]
  • Anan Jamal al-Din (2018), al-Masadeh al-Tabiyyah against suicide, Journal of Rights and Freedoms in al-Anzama al-Maqarana, issue 6. [in Arabic]
  • , S. (2000). Deliberate self-harm in medium security. Nursing Management, 6(8), 29–33. Bockian, N. (2002). New hope for people with borderline personality disorder. Roseville, CA: Prima Publishing.
  • , N. (2002). New hope for people with borderline personality disorder. Roseville, CA: Prima Publishing.
  • , S., & Davidson, K. (2002). Hopelessness and the anticipation of positive and negative future experiences in older para suicidal adults. [Electronic version]. British Journal of Clinical Psychology, 41(3), 233–243.
  • , M., & Bunclarck, J. (2000). Repeated self-injury and its management. International Review of Psychiatry, 12(1), 48–53. Criminal Code of the Republic of Kazakhstan of July 3, 2014 No. 226-V ZRK.
  • , A. (1998). The coming of age of self-mutilation. Journal of Nervous and Mental Disease, 185(5), 259–268.
  • Ghafari Mojtabi, (1402), Analysis of the suicide sentence in the field of jurisprudence and legal foundations, Fiqh and Law Studies Quarterly, Volume 15, Number 31. [in Persian]
  • Goldouzian, Iraj, (2016), Special Criminal Law, Tehran University Press, Tehran. [in Persian]
  • Hassan al-Sarari, Sadiq Saleh, Ahmed Ismail Omar, (2021), Provisions of the crime of abortion in Islamic jurisprudence and Yemeni and Sudanese law, Al-Andalus Journal of Humanities and Social Sciences, Issue (43), Volume (8). [in Arabic]
  • Ibrahim Al-Malek, Abdullah Abdulaziz (2021), The Crime of Inciting or Helping to Suicide in Qatari Law, Compilation Course, Master's Thesis in General Law, Qatar College of Law.[in Arabic]
  • Iraqi Penal Code No. 111 of 1969. [in Arabic]
  • Jafari Mojtabi (2014), critical analysis of the boundaries of consent in the crime of sexual assault: subject rights and the necessity of its reform, Criminal Law Research, 3rd year, 10th issue, pp. 113-127. [in Persian]
  • Jafarzadeh, Jafar, Ari, Mahmoud, Abolhosseini, Ali Akbar, and Ali Tabarfirouzjaei, Mohammad Baqer. (2016). Proofs of sanctity of suicide and its place in Iranian criminal law, Islamic jurisprudence and law research (Islamic jurisprudence and foundations), 13(49), 57-70. [in Persian]
  • Jordanian Penal Code No. 16 of 1976 AD. [in Arabic]
  • Jordanian Penal Law No. 16 of 1976 AD.
  • Kamel Al-Saeed, (1999), Al-Jaraim al-Waqaida al-Insan, "Explanation of the Jordanian Penal Code", Dar al-Thaqafa for Publishing and Al-Tawzi'ah, Amman, Al-Jordan. [in Arabic]
  • Kar, Mehrangiz (1379). A research on violence against women in Iran, Tehran: Roshangan and Women's Studies Publications. [in Persian]
  • Khaleghi, Ali, Saifi Qara Yataaq, Daoud, (1400). Fraudulent use of insurance benefits in the light of Iran's criminal system (comparison of social security law with compulsory third party insurance law approved in 2014), Encyclopaedia of Economic Law, 28(19), 1-36. [in Persian]
  • Khomeini Ruhollah (1421 AH), Tahrir al-Wasila, vol. 1, 2, Qom: Dar al-Alam. [in Arabic]
  • , E. D., & Oltmanns, T., & Turkheimer, E. (2003). Deliberate self-harm in a nonclinical population: Prevalence and psychological correlates. American Journal of Psychiatry, 160(8), 1501–1509.
  • , R., & Fliege, H., & Rose, M., & Walter, M., & Danzer, G., & Klapp, B. (2005). Auto destructive syndromes. Psychotherapy and Psychos omatics, 74, 202–211.
  • laws of BRUNEI Penal Code ,SYARIAH PENAL CODE ORDER, 2013.
  • Laws of MALAYSIA Act 574 PENAL CODE As at 1 February 2018.
  • Maldives penal code LAW NO 6/2014.
  • Mir Mohammad Sadeghi, Hossein (2016), Crimes against individuals, Mizan Publishing House, 11th edition. [in Persian]
  • Mirshekari, A. and Hosseini, F. S. (2024). Critique of a Judgment in the Field of Losses Caused by the Birth of a Sick Child:, A Comparative Study Regarding the Right to Not be Born and Compensation for Damages Inflicted. Journal of Research and Development in Comparative Law, 6(21), 187-220. doi: 10.22034/law.2023.2011327.1257. [in Persian]
  • Mohaghegh Hali (1408 AH), Sharia al-Islam, vol. 4, Qom: Ismailian Institute. [in Arabic]
  • kohandani, M. and razavifard, B. (2020). Guarantees of terrorism crimes accused’s citizenship rights in investigation process: a comparative study on Iranian, English and Egyptian legal system. Journal of Research and Development in Comparative Law, 3(7), 157-187. doi: 10.22034/law.2021.523262.1040. [in Persian]
  • Muhammad Amin bin Abedin, Rejection of Al-Muhatsar Ali al-Dar al-Mukhtar, vol. 1, p. 138. 6, (Riyadh: Dar Alam al-Katb, 1423 AH), pp. 6 and 38. [in Arabic]
  • Munir, Mohammad Daoud, Badghisi Sime, Salehi Abdul Kabir, Kaveh Ali Ahmad (2007). Family violence, factors and solutions to deal with it, Qom: Tebian Cultural and Information Institute. [in Arabic]
  • Penal Code of the Republic of Tunisia approved in 1913 AD. [in Arabic]
  • Rabbani Mousaviyan, Seyyed Ali, Nasiri Ruqiyeh (2018), review and revision of the meaning of the word retribution in Article 622 of the fifth book of the Penal Code approved in 2019 from a jurisprudential perspective, Jurisprudential and Philosophical Studies, 39(10). [in Persian]
  • Rasaee, M. and Emam, S. M. (2019). An Islamic Jurisprudential and Legal Survey of Violence in confronting with arrogant women. Journal of Research and Development in Comparative Law, 2(2), 21-42. doi: 10.22034/law.2019.239544. [in Persian]
  • , S., & Heath, N. (2002). A study of the frequency of self-mutilation in a community sample of adolescents [Electronic version]. Journal of Youth and Adolescence, 31(1), 67.
  • Safai Saideh, Shakri Golpaygani Toubi, Farjiha Mohammad, Asadi Lilasadat (1402), judicial interpretations of the concept of "consent" in sexual assault; Content analysis of Iran and New Zealand cases, Criminal Law Research Journal, Volume Fourteen, Number 1, Pages 143-170. [in Persian]
  • Sarkhosh Javad, Hatami Iman. (1400). Criterion of establishing knowledge of the occurrence of the result in intentional murder, Contemporary Comparative Law Studies, 12(25), p. 70. [in Persian]
  • , G., & Chawla, N., & van der Kolk, B. (2002). Self-destructive behavior in patients with dissociative disorders [Electronic version]. Suicide and Life-Threatening Behavior, 32(3), 313–321.
  • Sharifi Khazarti (1400), other abuse- self-abuse (analysis and description of jurisprudential criminology), Tehran, Sabz Novin, first edition. [in Persian]
  • Sheikh Tusi (1387 AH), al-Mabusut fi fiqh al-Umamiyyah, vol. 4, third edition, Tehran, Al-Murtazawiyyah Library for Revival of Al-Jaafari Antiquities. [in Arabic]
  • Syrian Penal Code No. 148 of 1949 AD. [in Arabic]
  • Tabatabaei Yazdi (1419 AH), Al-Arwa al-Waghqi, vol. 5, Qom: Al-Nashar al-Islami Institute. [in Arabic]
  • The Penal Code of the Republic of Algeria, the People's Democracy, No. 11 of 2004 AD. [in Arabic]
  • , P. (2004). “Some Common Confusions About Consent in Rape Cases”, OHIO State Jurnal of Criminal Law,Vol 2.
  • , G, & Alan .A. (2012). Suicide and Suicidal Behavior, Public Health Reviews, Vol. 34, No 2.