جستجوی مقالات مرتبط با کلیدواژه « Ghazf » در نشریات گروه « علوم انسانی »

In Imamiyah penal jurisprudence, Tashhir or publicly shaming of an offender, for some reasons, is an exception to the principle of preserving the honor of people and refraining from revealing secrets of Muslims. With respect to the importance of abandoning one’s right and the need for preserving honor and dignity of people, this paper intends to extract instances of verdicts on publicly shaming of offenders from the legacy of jurisprudence in an analytical way. Findings of the paper, achieved through a descriptive-analytical method, indicate that except in one case, i.e. “false testimony”, examples of crimes brought up by the jurists such as Ghiadat (complicity in crime), Ghazf (attributing adultery to someone), Ehtial (fraud), Tadlis (criminal misrepresentation), and Eflas (debt for insolvency) lack valid documentation. Therefore, as the presumption goes, lack of evidence for a crime is regarded as an evidence for its non-existence. Therefore, Tashhir, except in cases up to the certainty, must be practiced with caution as a means of punishment and invoking a juridical rule on punishment shall suffice for the offender. An analysis of Imam Khomeini’s view on this issue indicates that he openly supports practicing Tashhir only for false testimony. This, however, must be added that according to Imam Khomeini, practicing some forms of punishment (including Tashhir) in some certain cases and crimes with public dimension shall be permissible at the discretion of the government and under subsequent titles.

Aside from theoretical difference which provided on Ghazf and imposed it to women, some considered it aattributed to adultery or sodomy. And some jurists referred Sahgh attribution to a sort of Ghazf. According to this definition, Tafveh and speech play fundamental roles in the formation of Ghazf. It seems that material dimension of this crime is attributing to speech. Hence researchers regarded this rime for proving testimony against other crimes. This article with reviewing this issue and considering realities presents the realities of the contemporary world where new forms of communication are faced in the world of creation (written on paper), registration in the virtual space (typing), cartoons, Photoshop, and so on or using any other ways of assignment of adultery or sodomy. For accusing the criminal law, it is sufficient to fulfill the word or speech. Apparently, the authors provide a single legitimacy and this opinion is not a precedent in other studies.