نوع مقاله : پژوهشی
نویسندگان
1 دانشجوی دکتری فقه و مبانی حقوق اسلامی، گروه فقه و حقوق، دانشکده الهیات، دانشگاه سیستان و بلوچستان، زاهدان، ایران.
2 استاد گروه فقه و مبانی حقوق اسلامی، دانشکده الهیات، دانشگاه سیستان و بلوچستان، زاهدان، ایران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
Suicide and taking life from a person is one of the most important crimes against individuals. In the Islamic legal system, the punishment for murder, if it is intentional, is retribution, and this punishment is mentioned in the Holy Quran as the source of society's life. But when it comes to Wasted blood people like the apostates, the matter is completely different. According to the importance of the discussion of apostasy and at the same time the ambiguity in the situation of murder of apostates Based on this, the purpose of this article is to examine the possibility of Muslim retribution in committing a deliberate crime against an apostate from the perspective of Iranian jurisprudence and criminal law..he upcoming article is descriptive and analytical and has investigated the mentioned question by using the library method. The findings indicate that from the point of view of jurisprudence, punishing the apostate is the only duty of the imam and vice-imam, and at the present time, the guardian of jurisprudence has delegated this authority to the courts of justice and it is within the scope of their duties. From the legal point of view, first of all, the Penal Law has not discussed the punishment of the apostate, and according to the principle of the law of crime and punishment, the punishment of the apostate is in an aura of ambiguity. The jurists also disagree about the way to punish the apostate, that it is simply not possible for the judge to issue a fatwa. On the one hand, one of the most important challenges of acquitting the apostate murderer and not retaliating against him is that it is difficult to prove the apostasy of the victim.
کلیدواژه‌ها [English]
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