نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
Verse 34 of surah Al-Maidah has spoken about Muharebah and its punishment. A verse which has sent down about an impudent and disrespectful group. However the word ‘Muharebah’ is derived from the word ‘Harb’, some features has been added to it from Qur’anic and canon point of view. But if the Muhareb(the one who did Muharebah ) do penance (Tubah) before being captured, he will not be punished. Of course the situation of this punishment is based on realizing goals such as prevention, restraining, establishing public safety and to amend the criminal. It is believed that the legislator did not want to ruin human dignity, since this chastisement had been enacted to damage the dignity of the society. Additionally criminal’s penance and amend will cancel the punishment, even with punishing, his dignity as a Muslim has not been ignored. Although based on a canon theory and based on an interpretation from Imam Javad, peace be upon him, this punishment is basically canceled. The result of this article is reflected in conclusion.
کلیدواژهها English
میثاق بین المللی حقوق مدنی وسیاسی.