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

Regardless of its meaning and discourse, terrorism offending is a concept that involves violence, extremism, fear and general panic, the use of which even in the mind leads to a kind of psychological reaction based on disgust. Therefore, in line with the globalization of the management of the fight against terrorism offending, the international community, which had faced the phenomenon of terrorism in the second half of the 20th century, reacted by approving international and regional conventions for specific types of terrorism offending and the commitment of governments. Of course, despite the membership and accession of the governments to the approved conventions, in the face of terrorism offending, they started reacting to it according to their governance, political, social and even legal structure. Therefore, it can be stated that the capacity of Iranian criminal law’s scope was such that the legislator over the years, despite the establishment of titles such as Moharebeh, corruption on earth, and even rebellion according to Islamic teachings, did not get the possibility to resolve the legal gaps in the process of confronting it. At the same time, the necessity of revising the legal regulations and adopting a new policy in the field of criminalizing contemporary terrorism offending, due to its complex criteria and diverse components, is becoming more apparent. Of course, various mechanisms against terrorism offending have been approved in the past periods, and due to the development and increasing use of tools and their variety, the way of committing has also undergone a significant transformation, which erases the modernity and application of regulations.

The present study, based on the verses of the Qur'an and referring to the books of interpretation, validity and legal, is the source of the differences in opinion of experts in the field of corruption and its examples؛ Therefore, in a library way, the root of ^ and then the verses are extracted from the verses, and then the verses are presented, the study and interpretation of the corruptors and different votes in relation to them. The findings of the study indicate that what has become the place of differences in the opinion of jurists and jurists has been interpreted، The interpretations and, most importantly, examples of the provisions of the lawful understanding of verses 33-32 of Sura Maedeh under the title of crimes of corruption on earth. The use of two titles of Moharebeh and Corruption on the face of the earth together, especially in verse 33 Surah Maedeh, has caused the controversy whether the two terms have the same examples or this Each of them has separate concepts؟ In the Holy Quran, corruption in meaning: perishing, bloodshed, sorcery, disobedience to God’s command, killing، Lack of rain and oppression has come and in the legal and jurisprudential terms, the crimes of comparison have been met with the title of Corruption on Earth. The achievement of the research suggests that corruption is not the independent criminal title of comparison to Moharebeh، It is a general title that all crimes are placed under its collection because they are against peace and good. Corruption on its own earth is not the subject of the verdict, but in the term of the expert، Reasonable intermediary and scholars are in the field of punishment and between them the relationship of the whole of England and the part of the daere, and in no verse of woman or man being the enemy and the corruptors of the unknowable and wise in comprehensive terms of understanding According to the verb of Moharebeh, in general, verbs in the Quran have been mentioned in the form of verbs.

Corruption on earth is one of the concepts of disagreement and its explanation is very important in cyberspace. The purpose of this paper is to investigate the concept and instances of Corruption on Earth in jurisprudence and criminal law. The present article is descriptive-analytical, and using library method, the mentioned question has been investigated.  The findings indicate that in jurisprudence, Corruption on Earth has not been addressed in a specific headline and mainly in the discussion about Moharebeh is referred to. There is disagreement among jurists on this issue: some have considered it a dependent crime under Moharebeh, and others considered it an independent crime. The second approach is accepted in the Islamic Penal Code of 2013. In Imamiyya jurisprudence, cases such as burning down another house, murdering non-Muslims, and shrouding are known as cases of Corruption on Earth. In Sunni religions, much less is considered as Corruption on Earth and jurists consider the Islamic ruler to determine its examples. Promoting corruption in the community can be done more easily than ever before through a vast virtual space. So there is a possibility of corruption on earth in cyberspace.

One of the most heinous atrocities some people have committed against their fellow Muslims is the assassination of Muslims. This article discusses the Shi'a and Hanafi jurisprudence through a library and documentary method, which results in: The Shiites and the guile of the laws of moharebeh can be applied to the issue of terrorism in the present age. The verses 33 and 34 of Surah Ma'eda are the most explicit verse of the Holy Quran regarding the fight against terrorism, which the Shiite jurisprudent has used as a prohibition against jihad and jihad. That this theory is in line with the theory of jurisprudence. Investigating the Jurisprudential Basis of the Assassination of Muslims from the perspective of jurisprudential jurisprudence indicates that terrorist acts are blameworthy and criminal behavior, because what stands out in jihad is fighting the war and adhering to its rules, not killing or killing innocent people. Take the assets, surprisingly. In jurisprudence, however, it is not a clear title for a terrorist act, although it is more consistent with moharebeh and rhetoric on the basis of the type and outcome of the behavior.

The aim of the present research is to examine the examples of corruption in the land and muharibeh in Islamic jurisprudence and law, and by means of interpretative-qualitative method and by collecting sources through the library method, while examining the concept and scope of corruption in the land and muharibeh in Islamic terminology and jurisprudence, and It has examined new cases, which must be said in our current criminal laws, the crimes of muharibeh, sedition and corrupting the land are defined in the category of crimes against public security and comfort. Moharebeh, sedition, and corruption in the land are among the important topics of jurisprudence and criminal law in Iran. Moharebeh and Baghi in the new law each have a different position and are well distinguished from each other, but in the legislation of this matter was neglected, and it caused them to be assumed to be one and the same. While the act of war is a crime against the nation and the act of rebellion is a crime against the government or the ruler of the city, and this issue caused disproportionate sentences to be issued regarding the crime committed. In the new law approved in , "corruption of the earth" was once again implemented in the field after being abandoned for centuries and entered as an independent crime.

Prevention of crime and providing public order and security are the primary goals of criminal law. For this reason, the criminal law should be drafted in such a way as to enable the realization of such objectives. In this regard, "the law on aggravating the penalty for acid attack" has considered the criminal response to the said offense to be death if the conditions and limits required by the crime of "corruption on earth" are met. However, according to the opinion of many Imami jurists, such a crime is not foreseen in Islamic jurisprudence, and instead, other topics as hadd and tazir can be considered as a suitable alternative criminal description for this risky behavior. Examining the elements of the crime of acid attack also indicates this point that in order that the aforementioned law be as deterrent as possible, it is necessary to make some modifications in the punishment of the abettor, which has been abolished by the Reduction of the Ta’zir Imprisonment Punishments Act (2020), as well as in other elements of this criminal act.

Review:A brief look at the jurisprudential history of the debate We came across two promises of change and order. Because sometimes the evidence leads to the abandonment of the primary appearance and the removal of iodine from the main literal meaning, in which case the primary meaning is stagnant, and the word acquires a secondary meaning. Like the repeated repetition of the word "he" in the verse of Moharebeh. Another example is what has been said: Citing the two verses of expiation of oath and expiation of Hajj has made the above-mentioned cases optional in the case of the agent of Bahma, therefore, this word also has an optional meaning in the punishment of the enemy! Sheikh Tusi in his book Khalaf rejects this argument and says: But where there is atonement, there is a journey from fear to violence. Therefore, the analogy of "him" in expressing the four punishments to the expiation of swearing and Hajj is completely unjustified. As for the Sunni jurists, Shafi'i, Hanafi and Ahmad have considered the preferred word as the order, and Lee Malik has believed in the optional change which is related to the same word. In total, in the study, eight reasons were presented for preferring the promise of order over choice. As a result, Saeb's promise on how to apply the four punishments is order. In addition, reflection is inferred in the narrations of the chapter, these two promises do not have a substantial contradiction with each other, even the promise of change corresponds to the order and proportionality of the crime with the punishment. So the legitimacy of the promise of order is proved. It is worthwhile for the criminal legislator to try to amend Article 283 of the Penal Code, based on the promise of order.

One of the crimes mentioned in various parts of the laws of the Islamic Republic of Iran is corruption on earth. In this article, we intend With juridical and legal basis Review and criticize cases that were enacted in the 2013 Islamic Penal Code As corruptions And have the death penalty It seams That the legislator has it as Independent crime and HAD crime And has imposed the death penalty for this crime ( Had or Taazir ) With the meanings of verses, traditions and jurisprudence, it is not compatible. Also, it seems Should be reviewed to executed Crimes of corruption and moharebeh. Because these sentences are subject to juridical and legal problems If these bugs are in place,So in Iran's penal code, There are cases of corruption on earth And have a death sentence But this is not a valid jurisprudential rulingAnd have a death sentence But this is not a valid jurisprudential ruling

Undoubtedly, moharebeh is one of the most important crimes against internal and even external security. This criminal phenomenon is taken from verse 33 of Surah Ma'idah and is one of the most important Qur'anic teachings used in Islamic criminal jurisprudence under the title of verse of Moharebeh. It is not a secret to the scholars that one of the disputed issues regarding moharebeh is the issue of the quality and manner of applying the four punishments in the holy verse. There are two promises in this regard. A large group of jurists are obliged to change the ruling in the application of punishments, and another group believes in order. The present study is organized in order to answer the same question, which according to the holy verse, how and the quality of the application of confinement punishments, what is the ruling area? And which promise is right? Accordingly, in the present study, in an analytical-comparative-descriptive manner, in order to achieve the desired answer, first a clear picture of the concept of moharebeh and a brief acquaintance with the four types of punishments for murder, cruelty, severance and denial of effort, and then express the sayings of jurists. شد. Then, the evidences and documents of both promises of change and order were reviewed in detail. It became clear that, in principle, the division of narrations into variations and sequences is incorrect and lacks a proper basis. All narrations seek to express a truth. Their difference is merely an apparent matter, and they never have a substantive disagreement with each other. Finally, in spite of the multiplicity of the jurists' tendency towards the word of change, considering the conviction and superiority of the arguments of the word of order, the legitimacy of this word was fixed and preferred. With this jurisprudential approach, the manner of applying the punishment of the enemy is based on the promise of order and proportionality of the prescribed punishments with the crimes committed. The practical and applied benefit of this research is the proposal to amend Article 283 AH. م. ا. Approved in 1392.

Accessing or attempting to access nuclear material in order to carry out terrorist acts is the most important nightmare of the international community in the current century. The activists of the international law system aimed at counteracting nuclear terrorism in the form of the Convention for the Suppression of Acts of Nuclear Terrorism in 2005. Thus, the recommendation to criminalize a certain set of actions and to draw up appropriate sanctions against them is a criminal strategy adopted in the face of nuclear terrorism. In this way, Iran, by not joining the convention, has not yet carried out an independent criminalization of nuclear terrorism; nevertheless, the national legislator, following an innovative action by using jurisprudential doctrines, clarifies the crime of Efsad-e-fel-arz [corrupt on earth] in Article 286 of the Islamic Penal Code 2013. Accordingly, it is found that the definition of the crime as a result crime, the ambiguity in the psychological pillar and not consisting of certain instances of nuclear terrorism is among the most important challenges facing nuclear terrorism. Thus, during this study, the intention was to take the pathology of compatibility of Efsad-e-fel-arz [corrupt on earth] and Moharebeh against nuclear terrorism and then the numbers of solutions were proposed

841/5000One of the uncertainties is the detention limit and the maximum term of exile. The period of exile in virginity is one lunar year. The term of exile of Qawad has been determined by law for a period of one year. However, from a jurisprudential point of view, this view is not defendable, and the point of view of the article is that it is to determine the duration of exile with the ruler, and at least it should be in such a way that the gurus is punished and determined. The maximum is also with the ruler, and after tolerating the common sense of the punishment of exile, with the abandonment of the exile limit is abandoned. In the case of exile in warfare from the perspective of the law it is at least one year and the maximum for it is not stated in the law and it is at the discretion of the judge, but after one year if the wrath of repentance is attained, the arguments of the jurists are different and Makhtar's article It is the determination of the duration of the exile of the mohareb with the ruler, and at least the exile of the mohareb should be such that the punishment does not apply and that it does not cause unhappiness, and when the exile mohareb repent, the exile is abandoned by tolerating the common sense of the punishment of exile and repentance.

One of today's concerns is political systems, social security and peace in the lives of people, so to achieve this goal, using tools such as criminal justice and punishment to deal with people who are in any way trying to eliminate social security On the basis of this, the Iranian legislator, in accordance with the fourth principle of the constitution and based on verse 33 of Sura Ma'ideh, has committed criminal offenses against the crime of moharebeh and corruption on earth, due to the incorrect interpretation of the aforementioned verse, Weapon and insecurity were stipulated as the constituent elements of the crime, while it was desirable, first, the nature of weapons and tactics Its application was clarified due to the restrictions on the carriage and maintenance of it in the penal code, and after that the condition was conditioned, this article seeks to address the jurisprudential and legal doctrines while analyzing the material elements of the moharebeh approach Challenging legislative and judicial policy and proposing a suitable approach to it.

In order to maintain its survival, each society must inevitably deal with the offenders and punish them. In the past, punishment was solely an individual aspect and applied by the family or tribe. That is, the discussion of justice "politics" has been raised. With the advent of societies and their achievement in the constitution, the constitution at the outset had a political and governmental context. But gradually it became reasonable and complete, where all aspects, rights, politics and details of society were covered, and here the constitution also contained criminal policy lines. For criminal policy, there are several meanings, but any meaning is a macro policy, coordination and coherence between its elements and its components. If we regard criminal policy as a crime-control measure, no state has had a criminal policy throughout history because it has, in any case, responded to a crime. Even a "non-response" is itself a kind of criminal policy. The term "criminal policy" dating back to a century and a macroeconomic approach to the criminal phenomenon is the basis of various responses to crime.

In modern societies, female trafficking has taken an organized and systematic form and has found a global spread. This process of global spread, together with an increase in the smuggling due to the economical issue of poverty are among the elements that play a role in female trafficking, resulting in sex slavery and prostitution, while at the same time it takes human dignity and moral heath at a serious risk. As a result, this offence results in social, cultural and moral repercussions in different societies. With a comparative approach, the present study reviews this problem from a legal and jurisprudential point of view, taking a look at the Iranian rules and regulations as well as the relevant international documents. Following some international developments, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (also referred to as the Trafficking Protocol or UN TIP Protocol) was rarified by the United Nations General Assembly in 2000. Meanwhile, reports of women and children from Iran having trafficked to some neighboring countries caused the Act against Human Trafficking to be rarified quickly in Iran in 2005 (1383 a. h.). The present study has an attempt to show that the Iranian legislator has merely taken penal measures, while it has neglected preventive and suppressive ones. It has even neglected the relevant policies. This is while the international documents not only penalize this kind of smuggling; they also take non-criminal, preventive measures as well.

From article 186 to 188 of Islamic Penal Code (1370), three crimes have been specified as the Counterrevolution Crime, armed insurrection against Islamic government, planning for overthrowing the Islamic government and nomination for an important position in Coup dominion. Lawmaker includes these three Crimes under the Moharebeh Chapter and according to him, everyone who Commits one of these Crimes is Combatant (Mohareb). However, the nature of crimes related to armed insurrection is different from the nature of Moharebe Crime. First of all, the armed insurrection crime aims at the Islamic government, while the subject of Moharebeh Crime is people's security. Secondly, Moharebeh Crime is classified in prescribed punishment, but the armed insurrection against Islamic government (Baghy) is not included in prescribed punishment. This paper is concerned about the above-mentioned subject and reviews the three mentioned crimes.