الغضب و أثره في تخفيف العقوبة

Abstract EN

In lexical terms, the word “indignation” refers to the feelings of wrath and resentment.

In Islamic laws, however, it refers to the “boiling up of blood”, as Arabs say.

As for psychologists, it is a way of expression by means of strong emotions instead of resorting to rational thinking.

This paper touched on the reasons of indignation and attributed some of these reasons to one’s whims and feelings of haughtiness.

Both the Quran and the prophet’s traditions were referred to in their particular contexts.

The paper also dealt with how indignation should be treated in the light of the prophet’s traditions.

Then, I explained how, for anger-related considerations, an offense could be described or a penalty could be commuted, for which the whole research was originally written.

Therefore, I defined crime and punishment and the effects of legal capacity on non-liability giving our prefernce to not considering indignation as a non-liability factor.

Our views propounded in the paper were then applied on some islamic juristic issues like: the killing of a wife by her furious husband, a case debated in Jordan’s national assembly, and we construed indignation as blame non-absolving; killing the adulterous man by the woman’s husband who took them by surprise in action; killing the adulterous wife by her husband who took her by surprise in action; and other similar cases where we determined not to take indignation into consideration, pointing out to the stand of the Jordanian law’s.

We also discussed others, such as: killing the husband by his enraged wife and the son by his enraged father, and other acts committed out of rage like: slandering or apostasy.

Then a discussion of the results concluded this paper.