Purpose: The present study tries to study and analyze the Qur'anic and jurisprudential arguments on the effect of psychological provocations on the conversion or fall of punishment in order to clarify this issue through these studies of the Qur'anic and jurisprudential ruling.
Materials and Methods: This research has been carried out by the method of library studies and in a descriptive-analytical manner, which has been obtained and analyzed by referring to Quranic, jurisprudential, legal and scientific texts.
Findings: Psychologists believe that irritability may be a sign of various mental disorders including stress, depression, post-traumatic stress disorder PTSD, substance use, anxiety, bipolar disorder, PMS premenstrual syndrome, sleep deprivation, spectrum disorders Autism is a disorder characterized by dementia, chronic pain and schizophrenia, and can lead to crime if the irritability worsens. Therefore, in clinical criminology, which is organized in a medical way and is located at the crossroads of science, the study of delinquent states, including his irritability, is examined. Accordingly, in many legal systems of the world, the defense of incitement and its effect on the fall or mitigation of punishment is accepted. The offended, sometimes, by provocative behavior or speech, causes the crime and victimization. Islami demands that in the process of investigating a crime, attention be paid to the issue of criminal responsibility and the role of all the perpetrators of the crime, including the offender himself and the pre-criminal situation. In the Iranian legal system, attention to the excuse of provocation has been considered in the punishments, but it has not been considered in the discussion of limits. In the Holy Quran and Sunnah, as the two main sources of Shiite jurisprudence, the effect of incitement in the occurrence of crime is mentioned by mentioning important and effective events. The role of incitement in the occurrence of some crimes such as sexual crimes and murder can be more than other crimes. To know. The Holy Quran has many emphases on preventing the occurrence of such crimes. For example, in the verse " یا نِساءَ النَّبِیِّ لَسْتُنَّ کَأَحَدٍ مِنَ النِّساءِ إِنِ اتَّقَیْتُنَّ فَلا تَخْضَعْنَ بِالْقَوْلِ فَیَطْمَعَ الَّذی فی‏ قَلْبِهِ مَرَضٌ... " (Ahzab: 32) explicitly provocative remark is prohibited and it underlying sin Or the occurrence of a known crime. Also in the verse " یا أَیُّهَا النَّبِیُّ قُلْ لِأَزْواجِکَ وَ بَناتِکَ وَ نِساءِ الْمُؤْمِنینَ یُدْنینَ عَلَیْهِنَّ مِنْ جَلاَبِیبِهِنَّ ذلِکَ أَدْنی‏ أَنْ یُعْرَفْنَ فَلا یُؤْذَیْنَ وَ کانَ اللَّهُ غَفُوراً رَحیماً" (Ahzab 59) philosophy coverage of stimulating the strangers and the absence of harassment of women Which is forbidden and a crime has been stated. Among the jurisprudential documents and evidences regarding the role of incitement and its effect on the occurrence of crime, we can mention the jurisprudential rules such as the rule of warning, action, forbidden introduction or prohibition of arms, donation on sin and cause and director.
Conclusion: Considering the role, importance and effect of incitement in the occurrence of crime and reviewing the verses of the Holy Quran and jurisprudential rules, it seems that abrogation or conversion of punishment is not prohibited by the Shari'a and the legislator can Include pre-crime and the role of the victim in the law as an article.