Appropriate Use and non-Obstruction in Citing Crime in Islamic Countries

Adel Sarikhani, Zamen Ali Habibi


In this article, the issue of citing appropriate and not-obstructing the text-based descriptive-analytical method has been examined. If the criminal behavior of the accused causes injury or other injuries, such as the transmission of the coronavirus to another, but the victim does not prevent the development of the effects of the behavior so that refraining the refusal of the victim, along with the behavior of the accused, resulting in the death of the victim, is the crime documented on the appropriateness or not- obstructing? Those who have a customary view of the issue of citation believe that the criterion in citing customary truth is rational, it does not matter if it is appropriate or it is documented that the crime is not prevented; But those who have a philosophical view of the issue of citation only document the crime appropriately, believing that not preventing is the abandonment of the act and the non-existent matter.  The non-existent cannot be the source of the existential matter. Criminal liability seems to be based on the citation, but the criterion for citation in a crime is common sense; It does not matter if the citation is on the appropriate or not-obstructing. 


Crime, Appropriate; Non-Obstruction; Citation; Jurisprudence; Law

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