Volume 26, Issue 96 (winter 2021)                   __Judicial Law Views __2012__, 26(__59__): __224210 | Back to browse issues page

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abdollahi A, hafidi V, malakian Z, shokri N. how to deal Baqie In Islamic Jurisprudence (Compliance with Islamic Penal Code). دیدگاه‌های حقوقی 2021; 26 (96) :189-210
URL: http://jlviews2.ujsas.ac.ir/article-1-1808-en.html
how to deal Baqie In Islamic Jurisprudence (Compliance with Islamic Penal Code)
Afshin Abdollahi *1, Vrya Hafidi2, Zana Malakian3, Nashmil Shokri4
1- University of Kurdistan , a.abdollahi@uok.ac.ir
2- University of Kurdistan
3- University of Tehran
4- Tabriz Azad University
Abstract:   (641 Views)
Islamic regulations are the source of rebellious criminality that in Islamic Penal Code 1392 Separated from moharebeh and became an independent criminal. Given that rebellion is a Specific and designated crime and punishable by death, the expectation, taking into account the principles of Islamic law, is to punish the criminals with great sensitivity. On this basis, the subject of this article is how to deal and punish with Acting against the government and Is it in accordance with Islamic Penal Code. This research is descriptive-analytical and analyzed Quran verses and Islamic sources and in the end, it became, clear despite the legislator having tried to pay attention to jurisprudential rules, but in some cases act hastily and directly anticipates the punishment and ignore other Islamic solutions.
 
Keywords: Baqie, Islamic Jurisprudence, Islamic Penal Code, Punishment.
Full-Text [PDF 418 kb]   (641 Downloads)    
Type of Study: Critical & Analisis | Subject: Criminal Law
Received: 2019/12/08 | Revised: 2022/12/19 | Accepted: 2021/10/02 | Published: 2022/02/20 | ePublished: 2022/02/20
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