جستجوی مقالات مرتبط با کلیدواژه "احکام کیفری" در نشریات گروه "علوم قرآن و حدیث"

The occurrence of a crime in a society causes disruption of the general order of that society, and in other words, it causes damage to the body of the society ;Based on this, in terms of the damage that the society feels from the occurrence of a crime, it considers itself entitled to file a complaint against the guilty person .The current research deals with the issue of damage caused by crime, which is one of the most challenging topics, which is specified as necessary in the current principles, laws and regulations ;But how to compensate and how to evaluate it has not been determined. In the legal systems of different countries, solutions are considered for compensation, However, there is no fixed and specific criteria for compensation methods.

Due to its relation to human life and its importance and sensitivity, retaliation-punishment needs to be explained in its different dimensions. The answer to the doubts of retaliation-punishment as one of the dimensions of retaliation-punishment needs constant investigation, especially in the contemporary period when the opponents of Islam, such as Dr. Soha, have written an independent and voluminous book “Criticism of the Quran” concerning it. This article undertakes to criticize and investigate the suspicions of retaliation-punishment from the mentioned book. Descriptive-analytical and critical methods have been used in reviewing the materials and the library method has been used in collecting the materials. Some of the suspicions of retaliation-punishment, which are under the general title of disproportion between crime and punishment, and the existence of discrimination, have been addressed. After the investigation, we conclude that the mentioned doubts are not included; because each of the retaliation-punishment rulings that were mentioned as examples of the suspicion of disproportion between the crime and the punishment, such as the retaliation-punishment of an organ, the retaliation-punishment of a crowd against a person, the retaliation-punishment of a reluctant murderer, have a rational justification based on the observance of justice and proportionality. Also, the differences in retaliation punishment between men and women, Muslims and infidels can be justified based on the inherent differences between people, without being an example of unjust discrimination

Real sex change is a new issue which given its possibility and religious legitimacy was the origin of discrepancies over jurisprudential issues concerning the titles of “man” and “woman”. This article studies this issue in various domains of Fiqh such as marriage, judgement, and bearing witness referring to Shia jurists’ viewpoints especially ayatollah Fazel Lankarani. The results show that after a real sex change criminal sentences are issued according to the new gender (man or woman), but sentences including the title of “father” or “mother” do not change.