نوع مقاله : مقاله پژوهشی
نویسندگان
1 گروه آموزش معارف اسلامی دانشگاه فرهنگیان تهران ایران
2 سطح 4، فقه و اصول، حوزه علمیه خوزستان، اهواز، ایران
3 سطح4 حوزه علمیه قم
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Muharibeh is one of the titles that are explicitly mentioned in the verses of the Holy Quran, but the debate that has been raised among the jurists is that the fourfold punishment stated under verse 33 of Surah Ma'idah is an optional form that the judge and ruler can impose any of them. or is it the desired order that they should consider the punishment according to the crime? In this research, it has been written with the aim of criticizing the Islamic Penal Code, which has specified discretion for the judge in the four-fold punishment of moharebeh, and we have investigated the jurisprudential and legal foundations of this matter. The importance of this research is because it is a solid scientific support for those who criticize this article of the law and seek to solve the issue. The findings of this research are that according to the rejection of the arguments of those who believe in Kheer who gave three reasons, and the emergence of especially authentic traditionsand rational arguments such as the proportionality of crime and punishment, the order of the four punishments of muharibeh is proven. In addition, the method of data processing has been analytically critical
کلیدواژهها [English]
)