نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
Because one of the conditions for proof in Shari'a punishment is the existence of wise power and, consequently, the intention of committing a crime in the perpetrator; with regard to an insane person who has committed adultery or sodomy crime, the proof of adultery or sodomy hadd against such a person has always been a question and a source of disagreement among Imami jurists, which originates from the existence of conflicting Ravayat on the one hand and the lack of founding in adultery and sodomy on wise power on the other hand. That is, because adultery and sodomy take place from the origin of sexual pleasure and carnal pleasure, the spirit of acceptance of such acts by the insane indicates the presence of discernment and the intention of pleasure in the insane person, which is the correct proof of the divine obligation upon him. Now, with the investigations carried out, according to the investigation of the authors, three Islamic jurisprudential views can be proposed in this field, among which, the famous jurists and most of the later scholars do not consider the divine hadd against an insane adulterer or a perpetrator of sodomy to be fixed. But in contrast to the famous ancients like Sheikh Sadouq, Sheikh Tusi, Sheikh Mofid and some others, the full hadd of adultery and sodomy , which is the hadd of lashing in the case of not being in state of marriage , and in the case of being in state of marriage, they consider the hadd of stoning in adultery or execution in the case of sodomy Against an insane man, adulterer and perpetrator of sodomy to be fixed The third group of Imamiyyah jurists, in both being in state of marriage and non- cases, consider only the hadd of lashing
کلیدواژهها English