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Provocation as a result of adultery and its legal effects: A Study of Bahraini and Comparative Laws

Show simple item record Merhij, Mohammed Hammad 2018-11-09T15:23:41Z 2018-11-09T15:23:41Z 2018
dc.identifier.issn 1985-8000
dc.description.abstract This paper finds that provocation is the outcome of the Modern Classical School (Neoclassical School), and is associated with anger which unconsciously affects one’s freewill but does not limit one’s liability although it could be a reason to mitigate punishment. In the study’s examination of provocation, it has been concluded that provocation is independent and different from general provocation in terms of components, reasons, and applicable rules that determine the extent to which punishment could be mitigated. It was also clarified how different it is from self-defense and mitigated circumstances. In the process of examining the private scope of provocation, it was found that some legislations grant limited liability as a result of provocation only to the husband. Other jurisdictions grant limited liability as a result of provocation to the wife and her male relatives. This paper criticizes these jurisdictions that did not recognize limited liability in relation to the wife and her male relatives. The legislative approach which limits this excuse to certain category of persons was also criticized. The paper argues that an objective scope has to be defined. Moreover, courts have to ensure that marriage was valid when the act was committed and refer to the existing laws to regulate the marital relationship. Finally, the surprise element has to be addressed in addition to its conditions and the concepts of being caught in the act of adultery and immediate abuse. As with regard to the legal effects of provocation, the study clarified how it is considered a personal and private legal excuse, along with its effect on the classification of the committed crime, on the judge’s discretion power and on the involved persons. en_US
dc.language.iso ar en_US
dc.publisher University of Bahrain en_US
dc.rights Attribution 4.0 International *
dc.rights.uri *
dc.subject provocation excuse en_US
dc.subject adultery en_US
dc.subject Bahraini law en_US
dc.title Provocation as a result of adultery and its legal effects: A Study of Bahraini and Comparative Laws en_US
dc.title.alternative اﻻﺳﺘﻔﺰاز ﻧﺘﻴﺠﺔ اﻟﺘﻠﺒﺲ ﺑﺠﺮﻳﻤﺔ اﻟﺰﻧﺎ وآﺛﺎره اﻟﻘﺎﻧﻮﻧﻴﺔ en_US
dc.type Article en_US
dc.volume 14 en_US
dc.issue 01 en_US
dc.pagestart 218 en_US
dc.pageend 273 en_US
dc.contributor.authorcountry Bahrain en_US
dc.contributor.authoraffiliation Associate Professor – Criminal Law College of Law – University of Bahrain en_US
dc.source.title Journal of Law en_US
dc.abbreviatedsourcetitle LAW en_US

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