The Length of Nafy-e Balad Punishment in Muharaba : Investigating the Fiqhi Principles of Article 284 of the Islamic Penal Code

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.