Comparative Study of Duress in Certain Religious Penalties in Imami Jurisprudence and Islamic Penal Code

Abstract

According to freedom of will, people are responsible for what they do and due to this principle, they would be punished. However, whenever human's will is distorted for some reason, punishment would be null and void. One of these reasons that can distort individual will is the principle of duress that is discussed in Imami Jurisprudence and Islamic Penal Code several times. Hence, almost in all crimes that their penalties are codified in Islamic Penal Code, duress can cause disclaimer of the coercer; unless about duress in murder. Although there are many disputes among jurists on retaliation or lack of retaliation for this crime, opinion of majority of jurists on acceptance of retaliation is accepted by the legislator. About other crimes like duress in adultery and sodomy, the coercer would be disclaimed; unless in cases that the criminal claims for coercion. In this case, legislator accepts principle of lack of duress and makes the court responsible for investigations. However, in Imami jurisprudence, the sentence would be issued for disclaimer of the coercer immediately after creation of doubt for judge and in case of probability of accuracy of claim.