Reflection on the condition of " Safe custody "( hirz) in theft
In the sacred religion of Islam, prescribed punishment has great position. One of the prescribed punishments is related to theft that is explicitly is mentioned in The Holy Quran (Maeda, 5, 38). The execution of prescribed punishment for theft is subject to the existence of all conditions together....
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
Semnan University
2020-03-01
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| Series: | مطالعات فقه و حقوق اسلامی |
| Subjects: | |
| Online Access: | https://feqh.semnan.ac.ir/article_4318_d221979d0d39238d81bba5c9cf6ed26e.pdf |
| _version_ | 1797296391668629504 |
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| author | Mohammad Hasan Haeri Sabikeh Fanni |
| author_facet | Mohammad Hasan Haeri Sabikeh Fanni |
| author_sort | Mohammad Hasan Haeri |
| collection | DOAJ |
| description | In the sacred religion of Islam, prescribed punishment has great position. One of the prescribed punishments is related to theft that is explicitly is mentioned in The Holy Quran (Maeda, 5, 38). The execution of prescribed punishment for theft is subject to the existence of all conditions together. One of which is the case when the stolen property has been in a safe custody. In this article we investigate whether or not Safe custody (Hirz) is among the conditions for carrying out the theft? Then the reasons of Advocates and Opponents about conditionality of Safe custody are investigated. we have come to the conclusion that Safe custody is not the condition for the execution of the theft prescribed punishment. Even if it is effective in carrying out the sentence it must be implied in the meaning of theft Itself .When so it will be possible to see why the holy lawgiver has not taken Safe custody as a condition. |
| first_indexed | 2024-03-07T22:04:00Z |
| format | Article |
| id | doaj.art-2fc2ffbb666147309f49a002138ca4d9 |
| institution | Directory Open Access Journal |
| issn | 2008-7012 2717-0330 |
| language | fas |
| last_indexed | 2024-03-07T22:04:00Z |
| publishDate | 2020-03-01 |
| publisher | Semnan University |
| record_format | Article |
| series | مطالعات فقه و حقوق اسلامی |
| spelling | doaj.art-2fc2ffbb666147309f49a002138ca4d92024-02-23T23:19:57ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302020-03-01122216518410.22075/feqh.2020.7479.04318Reflection on the condition of " Safe custody "( hirz) in theftMohammad Hasan Haeri0Sabikeh Fanni1Ferdowsi University-MashhadMotahhari UniversityIn the sacred religion of Islam, prescribed punishment has great position. One of the prescribed punishments is related to theft that is explicitly is mentioned in The Holy Quran (Maeda, 5, 38). The execution of prescribed punishment for theft is subject to the existence of all conditions together. One of which is the case when the stolen property has been in a safe custody. In this article we investigate whether or not Safe custody (Hirz) is among the conditions for carrying out the theft? Then the reasons of Advocates and Opponents about conditionality of Safe custody are investigated. we have come to the conclusion that Safe custody is not the condition for the execution of the theft prescribed punishment. Even if it is effective in carrying out the sentence it must be implied in the meaning of theft Itself .When so it will be possible to see why the holy lawgiver has not taken Safe custody as a condition.https://feqh.semnan.ac.ir/article_4318_d221979d0d39238d81bba5c9cf6ed26e.pdf: theftsafe custodysafe custody conditioninglack of conditioning safe custody |
| spellingShingle | Mohammad Hasan Haeri Sabikeh Fanni Reflection on the condition of " Safe custody "( hirz) in theft مطالعات فقه و حقوق اسلامی : theft safe custody safe custody conditioning lack of conditioning safe custody |
| title | Reflection on the condition of " Safe custody "( hirz) in theft |
| title_full | Reflection on the condition of " Safe custody "( hirz) in theft |
| title_fullStr | Reflection on the condition of " Safe custody "( hirz) in theft |
| title_full_unstemmed | Reflection on the condition of " Safe custody "( hirz) in theft |
| title_short | Reflection on the condition of " Safe custody "( hirz) in theft |
| title_sort | reflection on the condition of safe custody hirz in theft |
| topic | : theft safe custody safe custody conditioning lack of conditioning safe custody |
| url | https://feqh.semnan.ac.ir/article_4318_d221979d0d39238d81bba5c9cf6ed26e.pdf |
| work_keys_str_mv | AT mohammadhasanhaeri reflectionontheconditionofsafecustodyhirzintheft AT sabikehfanni reflectionontheconditionofsafecustodyhirzintheft |