Analytical Study of the Crime of Moharebeh in Iranian Law
Subject Areas : Criminal law and criminology
1 - Ph.D. in Criminal Law and Attorney at Law
Keywords: Moharebeh, mental element, material element, specific intent, Islamic Penal Code,
Abstract :
The crime of Moharebeh is specifically defined in Islamic jurisprudence and Iranian Islamic Penal Code and includes two fundamental elements: drawing a weapon and the intent to terrorize people. According to Article 183 of the Islamic Penal Code, for Moharebeh to be realized, the individual must draw their weapon against others and intend to create fear and intimidation. This crime is particularly related to the public security of individuals and is distinguished from the crime of "Baghy" (rebellion), which concerns opposition to the government. Under the law, Moharebeh is a crime that requires the achievement of a tangible result, such as the creation of fear and panic among the people. From the perspective of the mental element, the offender must have the intention and will to commit the crime. This study examines the components of the material and mental elements of the crime of Moharebeh and emphasizes the importance of accurately defining the scope of this crime. Additionally, the article analyzes the role of general and specific mens rea in the commission of Moharebeh.
