جستجوی مقالات مرتبط با کلیدواژه « insulting the prophet » در نشریات گروه « علوم انسانی »

The deserving death is a jurisprudential debate in which the evolution of discussion about it is different in Islamic sects. Sunni jurisprudents believe that the deserving death toward Imam are only the warlike, the rebel and the belligerent, and in their view, in the killing of the warlike and the rebel by the non-Imams, the retaliation are not pronounced and only in fixed legal punishment, they are obliged to execute it by the Imam; Otherwise, retaliation and blood-price are pronounced. In addition to the cases of the Sunni jurisprudents referred before, the shia jurists have developed the domain of the deserving death to reprehensible act, insulting the Prophet, and the Imams, the pretender of the Prophecy and the reprehensible act of tributary, and most of the shia jurists in all cases, except insulting the Prophet, and the Imams believe that it is not permissible to kill the aforementioned individuals without the permission of the Imam and condemn the perpetrator to be guilty and must be received discretionary punishment.

Alongside progresses in technology we observe evolutions in the methods and means of confrontations, anomalies and committing crimes in cultural, ideological, religious, etc. fields in the societies of today. This phenomenon has led to emergence of new models and different results in the ways of perpetrating crimes. These evolutions have created challenges in the criteria of distinguishing the modern crimes from the traditional ones in the aspects of nature, components, means of crimes, etc. concentrating on the perpetration of the crime of insulting the Prophet in the cyber space and its differences with the crime of disrespect other than insulting proves this claim. The present paper has studied the concepts and bases of this crime in the jurisprudence and law by reference to the absoluteness of verse 108 of Surah Al-An‘am, article 26 of the press act and article 513 of the part T’azirs of the Islamic punishment act (1375) and the ideas of the jurists. The findings of the research in addition to proving the capability of perpetrating the crime of insulting the Prophet in the cyber space explains the differences between the cyber space and real space as to the means of crime.

In countries like Iran, religion and religious jurisprudence constitute a main source for legislation as well as there are laws and regulations meant to provide legal protection for religious beliefs and sanctities. The same situation can be traced during the era of Church authority in some other countries including the UK. However many countries such support do not provide such criminalization arguing such legislation being inconsistent with freedom of expression and human rights by contrast, according to the Iranian Islamic Penal Code, the criminalization of blasphemy including any insulation to the Prophet (and also Holy Imams) and other religious sanctities of Islam is also expanded to other holy Prophets while the English legal system there are some sporadic criminal protect merely for the Christian sanctities. But it is ambiguous what is meant by the term “religious sanctities” and whether any kind of profanity is subject to such criminal sanctions, and also what is the sentence for such crimes. These questions are the points which are getting analyzed in the present paper – focusing on the both Iranian and English regulations and judicial procedures through survey in religious sources and Islamic opinions.