جستجوی مقالات مرتبط با کلیدواژه « قاعده درء » در نشریات گروه « علوم قرآن و حدیث »

The Qur'an contains a small number of criminal sentences that have been widely extended in the expression of commentators and jurists in the light of Sunnah and other jurisprudential arguments in terms of number and severity. These verses have always been interpreted in the light of Sunnah in books related to the rules of the Qur'an as well as commentary collections. In this article, in the form of criteria, a different reading is offered, according to which it is possible not only to adhere to the minimum punishments of the Qur'an, but also to explain this little in a more flexible and timely way. The main focus of the discussion is on the principles governing the Islamic penal system, which in some readings allows and dares such an interpretation.The Qur'an contains a small number of criminal sentences that have been widely extended in the expression of commentators and jurists in the light of Sunnah and other jurisprudential arguments in terms of number and severity. These verses have always been interpreted in the light of Sunnah in books related to the rules of the Qur'an as well as commentary collections. In this article, in the form of criteria, a different reading is offered, according to which it is possible not only to adhere to the minimum punishments of the Qur'an, but also to explain this little in a more flexible and timely way.

Despite the disagreement regarding the issue of herz, all the jurists except IbnAbiAqil `Amani,believed that a Hadsentence would be issued for a thief when the stolen property has been taken from Herz-a place where usually people put their wealthy things in it. It is whilesome narrations indicate that being in herz for a stolen property is not required for Had, but the majority of these narrations can be come to an agreement with narration of herz. Those groups of narrations which contradict the narrations of herz would be ignored;due to the fame in narrations regarding the credibility of herz. At least, by considering many narrations which imply the credibility of herz in thefts sentenced to Had,and consequently uncertainty and doubt in the rule, and alsothe requirement of the Dar` rule (rejection of Had at the time of doubt and uncertainty), Had should be avoided when there is no evidence that proves the stolen property had been in herz.