An Assessment of the Feasibility of the theft of ornamental dogs in Imami jurisprudence and Iranian criminal law

Document Type : Research Article

Authors

1 Department of Islamic Studies, Qom Branch, Islamic Azad University, Qom, Iran

2 Department of Islamic Studies, Qom Branch, Islamic Azad University, Qom, Iran.

Abstract

The goal of the present study is to examine and analyze the feasibility of commitment of the offense of theft in ornamental dogs in Islamic jurisprudence, law and judicial precedence. The paper has been conducted using bibliometric studies and descriptive-analytical method which refers to rationales and jurisprudential- legal resources, Articles of codes and court decisions. One of the issues that has been raised in many 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 customarily and religiously, and since according to the custom, these types of dogs have monetary value, they consider the crime of theft committed. The parallaxes have caused different decisions as it seems necessary to examine the jurisprudential and legal basics 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 regarding these dogs, and civil and criminal liability is considered to be directed at the perpetrators.

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Main Subjects


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Volume 22, Issue 30 - Serial Number 30
December 2025
Pages 337-368
  • Receive Date: 23 January 2026
  • Revise Date: 29 March 2026
  • Accept Date: 07 April 2026
  • Publish Date: 22 December 2025