نوع مقاله : مقاله پژوهشی
نویسنده
استادیار، گروه حقوق، واحد بندر انزلی، دانشگاه آزاد اسلامی، انزلی، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The well-known Islamic jurists with adducing to the authentic hadith narrated by abu Basir (Arabic: أبوبصیر) have decided murder for the perpetrator of the unchaste hadd offense at the fourth time and a few of the Islamic jurists with adducing to the authoritative hadith of Yunus ibn Abd al-Rahman (Arabic: یونس بن عبدالرحمن) have issued murder at the third times. The author in this paper has tried to study the Islamic legal rule for the unchaste repeat crimes necessitated ḥadd (Arabic: حد) which its punishment is the execution of the perpetrator and also it has been surveyed the proofs of Imamayeh Fuqaha. From one side, it has been examined the opinion of the grand ayatollah Khuei in Takmelat al-Minhaj (تکملة المنهاج). He believes the differentiation of the decision at the third and forth time between the different instances of these offences. This paper has comprehensively criticized the evidences of the opinions. At the end with the necessity of the careful observing in Islamic legal rulings and emphasizing on the imperfection of the evidences of these three opinions and its obvious conflict and disagreement with the precaution in shedding blood, the article 136 of Islamic penal code (1392) is not valid and has no jurisprudential legality.
کلیدواژهها [English]
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