Investigating the theory of Governmental Determining of Diya guilds With a view to Article 549 of the Islamic Penal Code
The positions of the Prophet and the infallible Imams can be divided into three dignities, divine orders prophecy, judgment, and supervisor. Paying attention to the position and dignity of the innocent in issuing a narrative contributes greatly to the correct understanding of the narrations.The ques...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2020-06-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| Subjects: | |
| Online Access: | https://jclr.atu.ac.ir/article_11672_d714b2fd5859070e22cc227f98f0e22d.pdf |
| _version_ | 1797369142644310016 |
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| author | danial mabhot Mostafa Masoudian |
| author_facet | danial mabhot Mostafa Masoudian |
| author_sort | danial mabhot |
| collection | DOAJ |
| description | The positions of the Prophet and the infallible Imams can be divided into three dignities, divine orders prophecy, judgment, and supervisor. Paying attention to the position and dignity of the innocent in issuing a narrative contributes greatly to the correct understanding of the narrations.The question here is whether the observer narrations of the Diya guilds have been validated by the divine orders prophecy to the Prophet and the infallible Imams and as a result, in the present day, the killer have authority to pay every one of those guilds or basically determining the Diya guilds is governmental; therefore the Islamic ruler with regards the appropriates of society can order to pay a certain guild of these guilds? In this descriptive-analytical article, the nature of the order for the sixth guild of Diya is regarded as a government; therefore, for the payment of Diya, killer must only pay the Diya from the guilds designated by the ruler. On this basis, the Article 549 of the Islamic Penal Code, because of reduction of determining of blood money type to juridical practices it has been considered to be criticized and a replacement of Article 421-1 of the Islamic Penal Code has been proposed. |
| first_indexed | 2024-03-08T17:42:28Z |
| format | Article |
| id | doaj.art-04f9f7c73ed342d4bb876ac142ebde57 |
| institution | Directory Open Access Journal |
| issn | 2345-3575 2476-6224 |
| language | fas |
| last_indexed | 2024-03-08T17:42:28Z |
| publishDate | 2020-06-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| spelling | doaj.art-04f9f7c73ed342d4bb876ac142ebde572024-01-02T10:56:18ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī2345-35752476-62242020-06-0183112514810.22054/jclr.2020.44974.195911672Investigating the theory of Governmental Determining of Diya guilds With a view to Article 549 of the Islamic Penal Codedanial mabhot0Mostafa Masoudian1دانش آموخته کارشناسی ارشدAssistant Professor of jurisprudence and Islamic Law, Shahed University, Tehran, IranThe positions of the Prophet and the infallible Imams can be divided into three dignities, divine orders prophecy, judgment, and supervisor. Paying attention to the position and dignity of the innocent in issuing a narrative contributes greatly to the correct understanding of the narrations.The question here is whether the observer narrations of the Diya guilds have been validated by the divine orders prophecy to the Prophet and the infallible Imams and as a result, in the present day, the killer have authority to pay every one of those guilds or basically determining the Diya guilds is governmental; therefore the Islamic ruler with regards the appropriates of society can order to pay a certain guild of these guilds? In this descriptive-analytical article, the nature of the order for the sixth guild of Diya is regarded as a government; therefore, for the payment of Diya, killer must only pay the Diya from the guilds designated by the ruler. On this basis, the Article 549 of the Islamic Penal Code, because of reduction of determining of blood money type to juridical practices it has been considered to be criticized and a replacement of Article 421-1 of the Islamic Penal Code has been proposed.https://jclr.atu.ac.ir/article_11672_d714b2fd5859070e22cc227f98f0e22d.pdfdiya guildsgovernment orderdivine orderislamic penal code |
| spellingShingle | danial mabhot Mostafa Masoudian Investigating the theory of Governmental Determining of Diya guilds With a view to Article 549 of the Islamic Penal Code Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī diya guilds government order divine order islamic penal code |
| title | Investigating the theory of Governmental Determining of Diya guilds With a view to Article 549 of the Islamic Penal Code |
| title_full | Investigating the theory of Governmental Determining of Diya guilds With a view to Article 549 of the Islamic Penal Code |
| title_fullStr | Investigating the theory of Governmental Determining of Diya guilds With a view to Article 549 of the Islamic Penal Code |
| title_full_unstemmed | Investigating the theory of Governmental Determining of Diya guilds With a view to Article 549 of the Islamic Penal Code |
| title_short | Investigating the theory of Governmental Determining of Diya guilds With a view to Article 549 of the Islamic Penal Code |
| title_sort | investigating the theory of governmental determining of diya guilds with a view to article 549 of the islamic penal code |
| topic | diya guilds government order divine order islamic penal code |
| url | https://jclr.atu.ac.ir/article_11672_d714b2fd5859070e22cc227f98f0e22d.pdf |
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