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.
