Investigation of juridical and legal challenges of violation (Bogh'i)

Publish Year: 1394
نوع سند: مقاله ژورنالی
زبان: English
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شناسه ملی سند علمی:

JR_UJSSHR-3-2_031

تاریخ نمایه سازی: 4 خرداد 1395

Abstract:

Violation is one governmental jurisprudence issue, which has been investigated by jurists in scope ofJihad. It seems that the reason for considering it in scope of jihad is direct relationship of jihad withpolitical crime. However, jurists and lawyers have not mentioned it explicitly that violation is samepolitical crime and have dispute on it. In other words, it could be mentioned that violation is clearexample of political crime and encompasses major part of sentences of political crime. This is because;violation is among considered crimes in Islamic Law and is in direct relationship with order andsecurity in Islamic society. Although violation has been called as "Hodud" in new version of IslamicPenal Code, conditions of the crime have not been referred explicitly. Penitence that has been acceptedin field of Hodud and God's Rights has not been considered in Islamic Jurisprudence and Islamic PenalCode. hence, the present study is aimed at investigating different dimensions of the crime and referringto juridical and legal challenges of this issue.

Authors

Mostafa Rajaei Pour

Assistant Professor of Department of Jurisprudence and Foundation of Islamic Law, Mashhad's Islamic Azad University

Hossein Bibi Masumeh

MA of Jurisprudence and Foundation of Islamic Law, Mashhad's Islamic Azad University