نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق دانشگاه زابل، ایران
2 دانشیار گروه حقوق دانشگاه قم، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The effect of the Non-Muslim adulterer expressing being Muslim after committing the hadd crime on the feasibility of abolition of hadd punishment in the form of absolute or the feasibility of its turning into ta'zir punishment (punishment for offenses at the discretion of the judge (Qadi) or ruler of the state), is one of the complex jurisprudential issues that Article 224 of the Islamic Penal Code of Islamic Republic of Iran has not dealt with. Many jurists have generally refrained from raising this important issue. However, some have also examined the issue, and there have been viewpoints for and against it. From the collection of arguments, it is clear that the expansion and mitigation of non-Muslim adulterer expressing being Muslim is due to the moral sanctity of the Islamic society. The non-Muslim person has violated the sanctity of Islam with his criminal behavior and has been sentenced to death; and when they become Muslims at the appropriate time, due to the sanctity of Islam, the hadd punishment for him will be abolished and he can be penalized at the discretion of the lawmaker. Therefore, by an analytical-critical examination of the documented arguments of these theories and considering other religious and intellectual arguments that have been typically neglected from the point of view of some jurists in this field in order to collect the most opposing and agreeing jurisprudential viewpoints, this study has come to the theory of murder hadd punishment with the feasibility of turning into ta'zir, only if Islam is expressed before the crime is proven in criminal courts, and has made it necessary to specify it in the Islamic Penal Code.
کلیدواژهها [English]
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