نوع مقاله : پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق جزا و جرم شناسی، واحد چالوس، دانشگاه آزاد اسلامی، چالوس، ایران.
2 استادیار گروه حقوق جزا و جرم‌شناسی، دانشکده حقوق، دانشگاه آزاد اسلامی، واحد چالوس، ایران. (نویسنده مسئول)
3 استادیار گروه فقه و مبانی حقوق، واحد چالوس، دانشگاه آزاد اسلامی، چالوس، ایران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
The ruling of stoning is one of the Islamic rulings that all schools of jurisprudence, due to undeniable documents, agree on its being Islamic. In spite of this, this ruling of Islamic Islam was questioned from the beginning of the death of the Holy Prophet (PBUH), and even at the time of that noble one, the denial of some mainly political sects among the Muslim Ummah. Based on this, the purpose of this article is to examine the question of what was the quality of the execution of stoning and what are its obstacles from the point of view of jurisprudence and law? This article is theoretical and has investigated the mentioned question by using descriptive analytical method and in a library form. The findings indicate that it may not be possible to implement stoning. According to the Islamic Penal Code of 2012, if it is not possible to carry out stoning with the proposal of the court issuing a final verdict and the approval of the head of the judiciary, if the crime is proven by evidence, it will lead to the execution of the adulterer of Mohsen and the adulteress of Mohsen, otherwise it will result in one hundred lashes for each of them. It has a superior ruling. Here, a just jurist and a just Islamic ruler can issue an order according to the conditions of time and place around the implementation of that limit. As the Imams (a.s.) and Amirul Momineen (a.s.) forbade the implementation of Hadd in the land of enemies and opponents. Although the existence of some interests can prevent its implementation, such expediency must be certain and recognized by the competent people, which is foreseen in the Islamic Penal Law approved in 2013.
کلیدواژه‌ها [English]
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