Investigation of juridical and legal challenges of violation (Bogh'i)

Authors

  • Mostafa Rajaei Pour
  • Masumeh Hosseini Bibi

DOI:

https://doi.org/10.24200/jsshr.vol7iss01pp12-16

Abstract

Objective: Violation is one governmental jurisprudence issue, which has been investigated by jurists in scope of Jihad. It seems that the reason for considering it in scope of jihad is direct relationship of jihad with political crime. Methodology: However, jurists and lawyers have not mentioned it explicitly that violation is same political crime and have dispute on it. In other words, it could be mentioned that violation is clear example of political crime and encompasses major part of sentences of political crime. This is because; violation is among considered crimes in Islamic Law and is in direct relationship with order and security in Islamic society. Results: Although violation has been called as "Hodud" in new version of Islamic Penal Code, conditions of the crime have not been referred explicitly. Penitence that has been accepted in field of Hodud and God's Rights has not been considered in Islamic Jurisprudence and Islamic Penal Code. Conclusion: Hence, the present study is aimed at investigating different dimensions of the crime and referring to juridical and legal challenges of this issue.

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Published

2020-10-04

Issue

Section

Articles