جستجوی مقالات مرتبط با کلیدواژه « محصن » در نشریات گروه « فقه و حقوق »

According to Imami jurisprudence and the Islamic Penal Code of Iran, committing adultery in some circumstances may result in a minimum punishment and in other circumstances, may be subject to a maximum punishment. This issue is very important in the penal system of Islam and the criminal laws of Iran. Considering that one of the examples of the application of the minimum punishment is the Lack of Ehsan for a man or a woman, and according to Article 227 of the Islamic Penal Code of Iran, travel excludes husband and wife from the Ehsan, This question is raised that traveling in the absolute sense can cause the perpetrator of adultery to leave the Ehsan or other conditions are necessary? Considering the descriptive-analytical study of the views presented in this research, it seems that the basic feature of Ehsan for passengers is the existence of a customary ability to have a marital relationship with the wife or husband at any time he or she wants. On the other hand, presenting a model of religious distance as a criterion for leaving Ehsan is contrary to the content of popular narrations. Therefore, determining the religious distance as a criterion for leaving Ehsan will not be compatible with the criterion of customary ability as the famous saying of the jurists, which has been discussed in detail.

The sentence of stoning is one of the certain provisions in Islam.This sentence can not be educed directly from Holly Quran. Traditions in this area are abundant and in terms of the document are reliable. It should be noted that the philosophy of stoning sentence like other Punishments is to prevent corruption and great anomalies of the society. On the other hand, despite the fact that there is no reason for assigning stoning sentence to special time such as presence time, there is no license to abandon these verses and traditions too.