Islamic jurisprudence
Ali Mohamadian
Abstract
According to the common theory in Imami jurisprudence, the end of the work of a thief who repeatedly commits theft will be nothing but murder and deprivation of life. This view, although in Article 278 of the Penal Code (adopted in 1392), has also been recognized by the well-known jurists; However, the ...
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According to the common theory in Imami jurisprudence, the end of the work of a thief who repeatedly commits theft will be nothing but murder and deprivation of life. This view, although in Article 278 of the Penal Code (adopted in 1392), has also been recognized by the well-known jurists; However, the opposition of some late jurists has led to the fact that it is against the necessary precaution in temperature. It is noteworthy that this issue has been the subject of controversy in the jurisprudence of public religions and has led to the formation of various arguments and the emergence of various sayings in the issue; Therefore, in addition to Imami jurisprudence, the present article has also studied the views of Sunni religions in jurisprudence. It is clear that the necessity of discussion in terms of its relevance to human life is undeniable. The results of the research show that the famous Mukhtar of the Imami jurists is not without controversy and the promise to take the life of the thief, in addition to the lack of sufficient evidence to prove it, has caused a stagnation in temperature and is contrary to the meaning of the rule of unity; In addition, the prerequisites for the initial rules of the chapter require the deviation from such a view.
Ali Mohamadian; leyla mehrabi; mansoure bokaee
Abstract
Imsaak in Imamiya jurisprudence means to keep and capture the victim; So that” the keeping person:Momsek” prevents the victim from leaving the dominant hegemony and the killer can easily kill him. Imamis' jurisprudents agree that the punishment of "Momsek" is life imprisonment; but there ...
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Imsaak in Imamiya jurisprudence means to keep and capture the victim; So that” the keeping person:Momsek” prevents the victim from leaving the dominant hegemony and the killer can easily kill him. Imamis' jurisprudents agree that the punishment of "Momsek" is life imprisonment; but there is a serious controversy among the jurisprudents About what the nature of this punishment is and should it be analyzed in the light of the Haqa alnaas and as a result, it is forgiven and amnesty or it is Haqa allah and so there is no way for reconciliation. Because this difference in opinion also affects criminal law and can have different effects, the present paper, in a descriptive-analytic study, and in the light of referring to legal and juridical sources, seeks to analyze the meaning of the punishment of "Momsek". The results of the research show that it is possible to consider the crime of Imsaak as a Ta'zir ; or at the very least, consider it as a Haqa alnass and compromise and amnesty.
