Murder in the Criminal Law of Iran and Islam

Wilful murder, the deliberate killing of another human being, is considered a crime in the criminal law of Iran and Islam, and the consequential penalty invoked is retaliation. The offence, as in English law, requires proof of both actus reus (external element) and mens rea (fault element). The statutory offence may be found in Articles 14 and 204–268 of the 1991 version of the Islamic Penal Code and in Articles 612–615 of 1996 Code. In Islam there are many verses and precedents (of the Prophet and the Shiite Imams) condemning the crime of murder as illegal and retaliation as the appropriate punishment for this crime provided the legal elements are established. The requisite elements of the offence have been subjected to varied review in Iran and Islam. The focus of this article is to study the key ingredients in more depth. Retaliation as a punishment has three key aspects: it is personal; it should be equal with the crime; and to be performed according to the will and option of the avengers of blood.