About the Journal :
The Journal of Sharia Fundamentals for Specialized Researches is published quarterly, it is designed for whoever researcher seeking welfare that is based on knowledge. It seeks to provide a platform for the excellent researchers to present and consider the values and themes of various religious and social sciences acquired by learning and practice. It aimed at becoming a meeting point and channel for researchers to publish their innovative works, with regard to the interpretation of Islamic Sharia sciences and its regulations and the enhancing of social sciences to become adequate programs that serve the human and society in a significant and neutral way.
Our mission is to maintain the efforts of researchers and their innovative works in Islamic Sharia sciences known for its human civilizational value, through which we can spread awareness among people and ensure respect and strength of Islamic identity in different scientific, cultural, and social environments.
Therefore, this journal is designed to serve as a platform to identify the various religious and social dimensions of knowledge, such as considering the Holy Quran as the foremost and fundamental source of Islamic rules followed by the Sunah (biography of the Prophet Mohammed Peace and Blessings be Upon Him) that explains and clarifies the Holy Quran, along with its affiliated Sharia studies on the individual and society, such as studies concerned with Ijtihad which focuses on the studying of modern issues and finding solutions to them.
This study determines the concept of mistake and its types in the criminal Iranian law and Islamic jurisprudence, it is indicated that mistake in law is defined as any action or omission that perpetrator has not done it intentionally to commit a crime, and the owner causes a loss or injury, however, it is impossible that he may know that the consequence of his action may causes damage to someone although he could prevent it. Islamic jurisprudence’s definition of the concept of mistake is: occurrence of an event contrary to the will of the perpetrator that is not intentionally.
This study introduces different kinds of mistakes. In terms of law, they include the lack of caution and care, negligence and lack of attention. lack of skill, and disobeying the rules and regulations.
However, different types of mistakes in Islamic jurisprudence are more extensive than in law. The author tried to address the conformity between the concept of mistake and its different types in criminal Iranian law and Islamic jurisprudence. A comparative method is used analyzing the issue related to the concept of mistake and its types are discussed and then a comparative study is concluded.