جستجوی مقالات مرتبط با کلیدواژه « rebellion » 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.

Conceptual discussion is very important in all branches of human sciences. This discussion is of double importance in criminal law, especially in the field of public safety and comfort. Since this field is closely related to Khamsa materials, and some of these concepts have conceptual inadequacies and ambiguities; Based on this, the explanation of this category of concepts is an unavoidable necessity both theoretically and practically. Brief recognition and explanation of concepts such as terror and terrorism, and bioterrorism, war and corruption in the land and insurgency, political crime, assassination, coup d'état, and their difference and separation from each other are among the concepts that familiarization and explanation of them, both in terms of It is important both theoretically and in the practical aspect of law making, as well as in the position of judging and applying examples. This research analyzed some of the most important concepts in an analytical-descriptive way. First, these basic concepts were explained and described. Then attention was paid to the brief analysis of the attributes and dimensions, angles, territory and them. As a result of this research, the discussed concepts were disambiguated, and with the knowledge obtained of the elements and nature of each, their differences and distinctions were recognized and explained.

The Islamic penalty code of 2012 considered the realization of the title of a Rebel subject to armed uprising and the use of guns. This article tries to cite the definitions and other statements of the jurists on this subject (despite the lack of an independent plan related to the aforementioned conditionality in the works of the jurists and as a result the difficulty of discovering their views), by referring to the Sharia evidence, including the verses of the Holy Quran and The narrations of Ahl al-Bayt (pbuh) should prove the theory of non-stipulation and thus, prove the distortion of the legislator's point of view in this field. The inaccuracy of making the crime dependent on the use of weapons becomes clearer when we consider the advancement of technology and today's facilities, and that it is possible to achieve the same results as weapon as the use of new tools and even with simple actions such as spreading lies in the cyber space. The present research was done using descriptive analytical method and library data.

The title “Baghi</em>” (rebel) refers to a group that has departed from the obedience of the Infallible Imam in its specific sense or the ruler of the Islamic society in the general sense. The permission of the armed uprising against such people, which is ordered by the ruler of the Islamic society, is found in the opinions of most jurists according to the ninth Verse of Surah Al-Hujurat</em>, and no dissenting opinion is seen in this regard, but the holy shari'ah</em>, before carrying out any repressive operations, considered the guidance of the rebels obligatory. Today, with social and cultural changes, it is necessary for guidance to be reflected in a new and organized way. In the present study, while examining the history f the way of dealing with the rebels by the Prophet (PBUH) and the infallible Imams (AS), the reasons for the necessity of guidance of the ignorant have been studied in detail, as well as the methods of guidance and its levels. The results of this study have shown that creating suitable organizations for the guidance of the rebels and institutionalizing it is one of the necessities of the Islamic society that the lack of such a structure and a coherent hierarchy in the field of guidance of the rebels can have the opposite effect, and also by filling legal lacunas in this regard, the persuasive and reasoning power of the Islamic government can be proved for everyone

Systematic crimes are referred to a collective criminal act in which more than two people are involved and last for a noticeable period of time. Such a crime is committed meaningfully and through conspiracy to make financial interests. Utilizing a descriptive-analytical method, the researchers have studied the concept and elements of systematic crime. Clearly, systemacity of crime in its new sense cannot be explored in jurisprudential references; however, some traces of such a crime is seen in the criminal phenomena in early Islamic era such as Efk Plot, Zerār Mosque Plot and alike. Moreover, some other criminal titles are mentioned in jurisprudence such as rebellion, fighting, and conspiracy. The authors believe that according to jurisprudential views, systemacity and organizational identity of such crimes lead to the intensification of the penalty or the change in the cranial title. Moreover, the authors maintain that among the systematic crimes, corruption on the earth receive more severe penalties, as it is a criterion for designating a criminal act and it is necessary that the penalties for systematic crimes are prescribed based on this criterion.

Despite of the prohibition of the rebels in the right of intervention by invitation in international law, the rebels in some cases of civil wars, particularly the recent developments and civil armed conflicts in Middle East and North Africa asked for military aid from other governments in fighting against the governing state regarding with the right of people to self-determination. This is about people who are under oppressive, tyrannical and turbulent government and the responsibility that the Islamic governments to help them based on sharia have a double importance. So it seems necessary to examine the legal rules, prohibitions and restrictions governing such interventions from the perspective of Islamic jurisprudence and contemporary international law. Although, the intervention by invitation of rebels have been faced With some obstacles and limitations in international law and Islamic law which will be examined, it seems that international law can, in some limited cases with the permission and supervision of the UN Security Council, accept the intervention by invitation of rebels to fight the oppressive government and the governments that systematically violate their citizen's basic rights. The Islamic jurisprudence with the acceptance and the necessity of intervention in favor of oppressed groups who are fighting with the oppressive governments with ignoring of the present precautions in contemporary international law, give a clearer picture of intervention by invitation of these groups.

One of the issues that have been discussed in detail in Islamic law, how to resolve disputes in cases where both sides are Muslim. The main argument of this paper is to investigate cases in which a group of Muslims are having challenges with Islamic rule and the nature and motivation is political conflict. These conflicts are examined with the title of 'rebellion' and confronting with it under the "jihad against the rebellions". The hypothesis of this study is that: Doctrine deals with internal political conflicts in the Muslim rebellion and the solution that is predicted based on the brotherhood of all Muslims, peace, tolerance and human rights. The result is that the Iranian penal policy in this field is obviously different from the discourse of Islamic law. Despite the positive changes in the Penal Code of 1392, but no progress has been made in accordance with Islamic criminal policy.

Tajarri in term of principleds is the slave daring in front of master. In other words, the practical opposition with the decree of the master, which later turns out that slave, did not disagree and has done the real task.
In the principle of the jurisprudence, there are many discussions about tajarri and is the place of discussion and disagreement. First, is tajarri a principled issue, whether it is jurisprudential or thelogical? The other is tajarri a title means determination for sin, and a decision to oppose the master with a practice that is guilty or a title consistent with an external act that is the result of physical acts? In other words, is the current gem or the subject? And does he deserve for punishment?
The opinions of the scholars are very different in this regard, although in some cases they are in agreement. In the present research, firstly, the definition of tajarri, and then the words of the scholars such as the saheb fusul and Naini about the principle of the tajarri decree have been discussed, and finally, the comment of Imam Khomeini (RA) has been expressed in this regard.

In the Islamic Punishment Code (approved 1392/2013), the Iranian Legislator has considered armed rebellion against government and foundations of the system of Islamic Republic of Iran as being among offences for which the criminal should be religiously punished. The legislator has labelled it ‘baghy’ and for which, he has considered, in the Articles 287 and 288, execution punishment and in some cases imprisonment. Since the legislator has considered it as an offence for which the criminal should be penanced on the one hand and because of considering execution punishment for it on the other, the nature of and rules concerning this offence have faced serious challenges. To explain the nature of this offence and find whether for which a strict penance should be announced or the judge is free to specify minimum or maximum punishment for it, whether it is a public offence or a political one, whether it is absolute or constrained, organized or unorganized, whether its rules correspond to the juridical standards or not, the present writing goes to discuss it comparatively from the viewpoint of Imami jurisprudence and Iranian Law.