Analysis and Criticism of Jurisprudential Bases of the Article 249 of the Islamic Penal Code (1392)
One of the examples of Qazf which has been resulted in disagreement in Islamic jurists’ opinions is the case according to which one addresses another party “ you had sex with my wife, or you had sex with a man”. In such case, Islamic jurists hold that the crime of Qazf has been occurred but they hav...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2017-01-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
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| Online Access: | https://jclr.atu.ac.ir/article_7120_65bd814a416e7281be62e7a5a49b51cf.pdf |
| Summary: | One of the examples of Qazf which has been resulted in disagreement in Islamic jurists’ opinions is the case according to which one addresses another party “ you had sex with my wife, or you had sex with a man”. In such case, Islamic jurists hold that the crime of Qazf has been occurred but they have disagreement on the occurrence of crime toward the third party. Most of past Islamic jurists held that Qazf has been proven but recent Islamic jurists believe the other way and failed to accept this idea .The Islamic Penal Code adopted in 1392 is in the same line with the latter group. On the strength of art. 249 stipulates that if one attribute sex to another one by saying you have had sex with a women or a man, only the person who has been accused has the right to claim at the court .This text with a descriptive and analytical charecter and with the library method follows the arguments of these two groups and criticizes and investigates them. The results show that reasons of recent group is not complete, and the verity of customary of given terms in Qazf proves the validity of former group’s perspective. |
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| ISSN: | 2345-3575 2476-6224 |