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The Effect of Craziness on Canceling the Punishment , qisas,  / A bdulkareern AI-Khadher 

This research discusses some rules that are related to craziness. It shows that the craziness is considered an obstacle to eligibility. It affects the behavior of the people negatively because, it makes the behave unintentionally. Therefore, they become irresponsible about their behavior. The research explains that there is no argument among the scholars regarding the notion that no punishment is given against the crazy if they fall under the condition of craziness. Also, the research explains that the execution will not be cancelled if the killer becomes crazy after he killed or before the execution of the penalty. Regarding the limits, if the crazy commits one of the limits he will not be punished. However, if he admits and then he becomes crazy, he will have the punishment of Gazf. Also, his denial of Gazf will not be accepted and will not wait until he becomes conscious. This is different from the other limits. For other limits — aside from Gazf- if a person admits committing a limit and then he becomes crazy, the punishment will not be executed. Regarding the limits that are assured by clear evidence against the crazy after he becomes crazy, it will be executed without waiting for him to be conscious_ Finally, the research discusses the issue of Redah , way out from Islam, . If a person repeals while he is conscious and then he becomes crazy before the repentance, it shall wait for him until he becomes conscious. This means, he will not be executed while he is crazy. On the other hand, if someone repeals and then he is asked to repent but he refuses to do so, in this case he becomes crazy. After that he will be punished , Redah punishment,  even if he is crazy. These issues are discussed deeply in this research. Conclusions and recommendations are presented at the end.

Last updated on : January 12, 2023 3:08am