نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه فقه و حقوق اسلامی دانشگاه شهید مدنی آذربایجان
2 استادیار فقه و حقوق اسلامی دانشگاه شهید مدنی آذربایجان
3 عضو هیئت علمی گروه فقه و حقوق اسلامی دانشگاه شهید مدنی آذربایجان
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
There are conditions for qiṣāṣ (Arabic: قصاص, lit. 'accountability, following up after, pursuing or prosecuting') in the Islamic Penal Code that cannot be applied without their gathering, despite the fact that murder is carried out. The equality of the murderer and the victim in religion is one of these conditions, according to which the Muslim murderer does not have qiṣāṣ against the Kāfir (infidel) victim. One of the subgroups of the above condition and the challenging issue in this regard is the conversion of the Kāfir (infidel) murderer after the murder of the Kāfir whose life and safety is protected by the law whether his conversion to Islam after committing the crime will lead to the termination of qiṣāṣ or is qiṣāṣ proved due to his disbelief during the crime and is proven its existence according to the principle of continuity (Arabic: أصل الاستصحاب)? Sunnite jurists have mainly considered qiṣāṣ by basing the state of murderer during the crime and in contrast, Shiite jurists have chosen not to execute qiṣāṣ against murderer based on specific proofs to determine the state of murderer during qiṣāṣ execution. The authors after searching in jurisprudential and legal books and examining the issue by analytical-documentary method concluded that although the requirement of the rule in the question under researching is the realization of qiṣāṣ, but qiṣāṣ against a Muslim for a Kāfir due to the existence of specific evidences is absolutely prohibited.
کلیدواژه‌ها [English]
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