Document Type : scientific
Authors
1 (Corresponding Author)Department of Islamic Studies, Qom Branch, Islamic Azad University, Qom, Iran
2 Department of Islamic Studies, Qom Branch, Islamic Azad University, Qom, Iran.
Abstract
One of the issues that has been raised in court cases is the theft of ornamental dogs. Some judges have ruled out the crime of theft in relation to these types of dogs, citing their "lack of religious property". However, some other judges, citing the application of Article 267 of the Islamic Penal Code, consider the subject of theft to be "absolute property," both customary and religious, and since, according to custom, these types of dogs have property, they consider the crime of theft to be true in their case. opinions. examine the jurisprudential and legal foundations of the issue. The main question facing the research is: "What are the jurisprudential and legal foundations of the crime of theft in the case of ornamental dogs?" Given that these ornamental dogs are examples of non-domesticated dogs and their buying and selling is permissible, and also that in the hadiths, a blood money is prescribed for killing these dogs, indicating an obligation on their property, as well as the right of appropriation regarding impure objects, the crime of theft can be considered conceivable and realized regarding these dogs, and civil and criminal liability is considered to be directed at the perpetrators.
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