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Scientific and Research Association of Judicial Jurisprudence
legitmecy of executing islamic punishments (Hodud & Tazirat)during the occultation PDF Print E-mail
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Sunday, 06 June 2010 02:17

 author: Sayyed Bagher Mohammadi

 
After the Occultation of the Twelfth Imam, one of the major concerns of the old and new Shiite jurists was the fate of religious laws, especially Hodud. Among the existing viewpoints, two are more significant. According to the first one, Islamic punishments are allowed during the Occultation period, but the second one bans them. It is important to ponder these two points of view because the establishment of the Islamic government in Iran made the execution of Hodud possible. On the other hand, executing these punishments resulted in severe international reactions. So, in order to study “permissiveness of executing Hodud and Tazirat during the Occultation period”, after some introductory issues, the dissertation first studies the view which prohibits the execution of Islamic punishments at the present time and allows them to be executed only under the rule of the infallible Imams. After relating the opinions of jurists, the dissertation evaluates the related analytical and traditional arguments such as “consensus over what has been related” (Al-Ejmaa manqul) by Ebn-Edris, “Ashathyat tradition”, “the lack of the authenticity of a single tradition related to severe penal verdicts”, etc.  The result is that the execution of such laws cannot be restricted to the period of the infallible Imams. After rejecting this view, the thesis studies the view which allows such laws to be executed at the present time and challenges the legitimacy of the related arguments such the generality of Hodud arguments [itlaq-e adelle-ey hodud], Hafs b. Qiath tradition, maqbule ‘Omar b. Hanzaleh, etc., some of which proved to be convincing. Coming to the conclusion that jurists’ execution of Islamic punishments is legitimate. However, all people are allowed to execute Hodud in crimes like cursing the Prophet and Imams under specific conditions. In addition, after establishing an Islamic government and the appropriation of the execution of Hodud by a Valiy-ye Faqih (jurisprudent), other jurists are deprived of performing it.

Key words: Hodud, Tazirat, jurisprudent, legitimacy, Occultation period.                         
  

Last Updated on Monday, 09 August 2010 08:08
 
The role of Islamic ethic trainings in preventing of crimes PDF Print E-mail
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Sunday, 06 June 2010 02:14

author: Muhammad Ebrahim Besharati


Islamic ethic trainings, discussed in practical ethic issues, in spite of their differences from criminal law, are similar to it in some aspects like goals and approaches. These similarities lead them to deal with each other. The salient characteristic of ethic is in its valuable results if it is promoted. These results have a sublime place for who are in charge of social affairs, especially in managing security of society.  
 

 

Last Updated on Monday, 09 August 2010 08:09
 
Self defense conditions in viewpoint of feghh and international law PDF Print E-mail
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Sunday, 06 June 2010 02:13

author: Gholam Shobbar Imani


Defense as an important subject was under consideration along history. Although Islamic feghh (jurisprudence) and international law study it in details, serious studies in their comparison, to find their differences and similarities, have not accomplished.
The concept of Self defense is accepted in both viewpoint and recognized as a certain right for all individuals and governments. Self defense conditions in feghh are aggression, ability, necessity, proportion, undertaking the humane principals and observing humanistic rules, whereas its conditions in international law consist of occurring armed attack, necessity, proportion, coordination with Security Council, observing war regulations and humanistic principals. And at the end, in spite of their differences, there are a lot of similarities between these two points of view.            
 

Last Updated on Monday, 09 August 2010 08:10
 
Retaliation against several murderers in return for one murdered PDF Print E-mail
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Sunday, 06 June 2010 02:12

author: Mushtagh Hosain Hakimi

Providing commonwealth and quiet life is one purpose of the Islam holy religion. So, various religious precepts and laws were established to extend a justice society. The retaliation (Qesas) is one of these laws, the base of public order, which prevents unlimited extending of anger forces. This subject is about participation in murder. In the case of multiplicity of murderer and unity of murdered the majority of Shiite and Sunnite jurists have pronounced that all participators could be retaliated after paying them the residue of their blood moneys. This point of view has some arguments besides generality of qesas verses, like several traditions and "Al-Ejmaa" (consensus over what has been related). On the other hand, some reasons are given to prohibit killing more than one of murderers. "Verse 45 sura al-maedah", "verse 33 sura al-asraa" and some traditions are of these arguments. But the majority rejects these reasons and says as an answer that the first verse do not regarding the quantity and "israf" (the prodigality) in the second one refers to exemplary punishment ( to mutilate by way of exemplary punishment) and prohibit acts like that. Likewise the most of traditions can not prove the claim. Although Qasem ibn Orvah tradition express this view point but it has some problems in chain of narrators. So the majority viewpoint is correct.        

 

Last Updated on Monday, 09 August 2010 08:11
 
Retaliation against several murderers in return for one murdered PDF Print E-mail
Written by Administrator   
Sunday, 06 June 2010 02:12

author: Mushtagh Hosain Hakimi

Providing commonwealth and quiet life is one purpose of the Islam holy religion. So, various religious precepts and laws were established to extend a justice society. The retaliation (Qesas) is one of these laws, the base of public order, which prevents unlimited extending of anger forces. This subject is about participation in murder. In the case of multiplicity of murderer and unity of murdered the majority of Shiite and Sunnite jurists have pronounced that all participators could be retaliated after paying them the residue of their blood moneys. This point of view has some arguments besides generality of qesas verses, like several traditions and "Al-Ejmaa" (consensus over what has been related). On the other hand, some reasons are given to prohibit killing more than one of murderers. "Verse 45 sura al-maedah", "verse 33 sura al-asraa" and some traditions are of these arguments. But the majority rejects these reasons and says as an answer that the first verse do not regarding the quantity and "israf" (the prodigality) in the second one refers to exemplary punishment ( to mutilate by way of exemplary punishment) and prohibit acts like that. Likewise the most of traditions can not prove the claim. Although Qasem ibn Orvah tradition express this view point but it has some problems in chain of narrators. So the majority viewpoint is correct.        

 

Last Updated on Monday, 09 August 2010 08:14
 
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