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Historical Review of Non-suspension Rule with an Approach to Mohaghegh Yazdi’s Opinions Criticizing the Famous Viewpoint ?????? ??????, ??? ??? ????; ??????, ???????; ?????, ???? ???
??? ? ???? ???? 51 ????? 1: ????? ????? ??6? ???? ???8
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (276.049 KB) | DOI: 10.22067/jfu.v51i1.45706

Abstract

According to the Shiite jurisprudence literature, non-suspension of contracts and unilateral legal acts is among the general rules of contracts jurisprudence and has been criticized by Shiite jurists in the last two centuries. The following are the main issues dealt with in this paper: historical background of non-suspension rule, its formation over time and its conversion into a general rule, introduction of the Shiite jurists who have contributed to this conversion, identification of the fields and trends of criticizing this rule, and given Sahib Orvah's special place in the criticism field and in offering particular jurisprudence opinions, discovering his role in criticizing the famous opinion and promoting a new one. The purpose of this paper is to clarify the above said issues through a historical and with a person-centered approach in order to introduce a part of Shiite jurisprudence history in the general rules of contracts jurisprudence area. Therefore, the present paper begins with subjectology of non-suspension rule in the Shiite jurisprudence literature from Mohaghegh Yazdi?s viewpoint and after trying to find out the background of this rule in the Shiite jurisprudence, explains Sahib Orvah?s opinion, its bases and his critique of the famous opinion.
The Penalty for Blasphemy against the Infallibles and its Reconciliation with their Practical Conduct ?????? ?????, ??? ????; ??????, ???????
??? ? ???? ???? 51 ????? 2: ????? ????? ??7? ??????????8
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (499.965 KB) | DOI: 10.22067/jfu.v51i3.50600

Abstract

The penalty for blasphemy against the holy Prophet and the Infallibles prescribed by the Shiite Jurists based on the hadiths is the obligation of killing the blasphemer and that his blood may be shed with impunity. Nonetheless, there are a variety of cases in the infallibles' practical conduct where they have treated the blasphemer nobly and with tolerance and prevented their companions from executing the death penalty. The authors, with a view to resolve the above said contradiction, have reviewed and analyzed the hadiths underlying the death penalty for the blasphemer and concluded that up to the certainty of the referred proofs is the obligation of killing the blasphemer who has targeted the holy Prophet?s prophethood position. In case the subject matter of hadiths is extended to those who blaspheme the Imams, the death penalty concerns the rancorous persons and blasphemers who knowingly and intentionally insult the Imam's legal personality and Imama position. Therefore, there is no conflict between the religious ruling of punishing the blasphemer and the Infallibles' practical conduct in the form of treating morally and generously those who unknowingly insult them and, out of ignorance, were hostiles to their individual personality.
A STUDY ON THE “ABSTRACTIVE (IDEAL) PLURALITY OF CRIMES” IN IMAMIA JURISPRUDENCE AND IRANIAN LAW دوره51 شماره4 سال1398 ?????, ?????????; ??????, ???????
??? ? ???? ???? 51 ????? 4: ????? ????? ??9? ?????????8
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (567.907 KB) | DOI: 10.22067/jfu.v51i4.45605

Abstract

?Abstractive or ideal plurality? of crimes is a general cause of aggravation of punishment and terminologically it is the application of multiple criminal titles to a single act. This issue is of special significance in criminal law since determination of a punishment proportionate to the committed crime leads to compliance with human and Islamic principles such as criminal justice and proportionality of crime and punishment and as a result, the mental safety of society is ensured. The Iranian legislator, like a number of legal scholars, has accepted the ideal plurality of crimes theory, adopting the application of multiple punishments in some cases and their overlap in others. Given the Imamia jurists' opinions, it appears that where, in case of ideal plurality, a crime is committed against a limb or the soul or the limb and profit, the punishments overlap and the more blood money is specified and in case qisas for life and for other limbs or profits overlap, only qisas for life is administered according to the purported signification. But in cases such as crime leading to blood money for two limbs or two lives and the like, given the absence of text and the impossibility of extending the available texts to cases not mentioned therein and the principle of non-overlap, determination of multiple punishments may be justified. The conclusion is that the principle of criminal justice which is deducted from intellect and sharia has not been complied with in certain articles of law considered in this paper and the Islamic penal code needs to be amended.
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