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

Nafy-e balad[1] Punishment is one of the four punishments intended for muhareb[2]; However, there is a difference of opinion among foqaha (Islamic Jurists) regarding the duration of nafy-e balad, and thus various theories have been proposed regarding this duration, such as until the end of life, until the time of repentance, one year, and at least one year while continuing to the maximum time when repentance is performed. By referring to the Islamic sources and fiqhi texts in an analytical and ijtihadi method, and attempting to find the best theory among them, the present article studied the evidences of each of the four theories and found the evidences of none of these theories sufficient. Finally, resorting to specific evidences such as al-sahihah[3] of Barid ibn Mu'awiyah and general evidences such as the al-mu’tabarah[4] of Hafs ibn Ghias, the study suggests that determining the duration of nafy-e balad is at the disposal of hakem shar'[5], and considering the circumstances, he will determine its duration.

One of the divine prescribed punishments is Muharaba which applies in one of these forms: executing, Solb, Amputation of right hand and left leg and banishment. The proof of these four is the verse 33 of Maedeh in Holy Quran. To the traditions and the jurist's opinions, Muhareb is a person who use weapon to horrify and frighten people and makes corruption on the earth by this. Some of jurists consider Muharaba similar and equivalent with some other crimes such as: corruption on the earth, armed rebellion, highway robbery and theft. Although those terms have some joint instances, it does not prove the similarity and parallelism between them. The proof of it is the Islamic texts and also the majority of Imamiyah and Sunnis juridical sources.