Volume 28, Issue 101 (spring 2023)
__Judicial Law Views __2012__, 28(__59__): __224224 |
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Montazeri S, forouzandeh P. Punishment of Repeating Apostasy in Fiqh. دیدگاههای حقوقی 2023; 28 (101) :203-224
URL: http://jlviews2.ujsas.ac.ir/article-1-2137-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-2137-en.html
1- Assistant Professor, Department of Islamic Law, University of Judicial Sciences and Administrative Services , salehmontazeri@ujsas.ac.ir
2- PhD student in Criminal Law and Criminology, University of Tehran, Tehran, Iran.
2- PhD student in Criminal Law and Criminology, University of Tehran, Tehran, Iran.
Abstract: (549 Views)
The repetition of a Hadd crime in jurisprudential-legal terms means that a person commits the same crime again after committing a Hadd crime and tolerating its Hadd punishment. Repeating a crime indicates that the offender has not been reformed and it is necessary a more severe punishment. The legislator of our country, while accepting the rule contained in Younis's Sahiha, which refers to the killing of the Ashab Al-Kabaer for the third time, has imposed this rule the fourth time by applying the rule of caution in blood. Therefore, the aggravation of the punishment for the repetition of Hadd crimes should be done only within the framework of this rule, and the requirement of the principle of innocence is that if a case does not have the conditions of this rule, he will not be killed. Apostasy, as one of the Hadd crimes, has different punishments depending on the perpetrator and the type of apostasy. In this article, while explaining the different views, it will be examined how the repetition of apostasy Hadd crime, whether it is committed by melli or fitri or by man or woman, does not fall within the framework of this rule and its repetition will not lead to killing.
Type of Study: Critical & Analisis |
Subject:
Criminal Law
Received: 2022/01/07 | Revised: 2023/10/15 | Accepted: 2022/11/02 | Published: 2023/09/10 | ePublished: 2023/09/10
Received: 2022/01/07 | Revised: 2023/10/15 | Accepted: 2022/11/02 | Published: 2023/09/10 | ePublished: 2023/09/10
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