ANALYSIS OF THE DISTINCTION BETWEEN AWARENESS AND INTENTION AND THEIR FUNCTION IN REINTERPRETING THE MENTAL ELEMENT OF INTENTIONAL MURDER IN ARTICLE 290 OF THE ISLAMIC PENAL CODE

Abstract

The main issue in Article 290 of the Islamic Penal Code is that a clear boundary between awareness and intention in realizing the mental element of intentional murder has not been drawn, and this has caused ambiguity in the correct interpretation and implementation of the law. This ambiguity can lead to conflicting opinions in determining the type of murder and determining the criminal liability of the perpetrator, and undermine criminal justice. In fact, the main concern of this research is to answer the question of what role the distinction between awareness and intention plays in reinterpreting and explaining the mental element of intentional murder in Article 290 of the Islamic Penal Code, and what effects does this have on the criminal liability of the perpetrator? The present research uses the method A descriptive-analytical study was conducted with the aim of analyzing the distinction between awareness and intent in Article 290 of the Islamic Penal Code. According to the findings of the study, the distinction between awareness and intent in Article 290 of the Islamic Penal Code plays a fundamental role in explaining the psychological element of intentional murder and leads to a more precise distinction between intentional murder, quasi-intentional murder, and pure error. This distinction, by affecting the criminal liability of the perpetrator, plays a decisive role in determining the type of crime and the severity of the punishment. The results show that the distinction between awareness and intent in Article 290 of the Islamic Penal Code clarifies the concept of the psychological element of intentional murder and separates it from other types of murder. This distinction in practice helps judges to more accurately identify the type of murder and the criminal liability of the perpetrator based on the degree of awareness or intent. Ultimately, clarifying the position of each of these concepts leads to strengthening criminal justice and reducing interpretative conflicts in judicial decisions.