A reflection on the validity of imprisonment and temporary detention as a safeguarding and precautionary action in the Islamic jurisprudence
In this paper, the authors after assuming the kinds of imprisonment and temporary detention as a safeguarding and precautionary action on the human and god right, at first, consider some individuals rights consisting the financial and bodily rights, and then, contrary to the famous shiâit jurists be...
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| Format: | Article |
| Language: | fas |
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Semnan University
2014-06-01
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| Series: | مطالعات فقه و حقوق اسلامی |
| Subjects: | |
| Online Access: | https://feqh.semnan.ac.ir/article_1916_04f20c544c860f52b102a44fd08d1086.pdf |
| _version_ | 1797296420859936768 |
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| author | H. Nasiri Muqaddam S. Fathi Kate Gonbadi E. Aliakbari Babookani |
| author_facet | H. Nasiri Muqaddam S. Fathi Kate Gonbadi E. Aliakbari Babookani |
| author_sort | H. Nasiri Muqaddam |
| collection | DOAJ |
| description | In this paper, the authors after assuming the kinds of imprisonment and temporary detention as a safeguarding and precautionary action on the human and god right, at first, consider some individuals rights consisting the financial and bodily rights, and then, contrary to the famous shiâit jurists believe that arresting persons claiming insolvency isnât permissible, and criticize the reasons of agreeing persons. Then they claim that on the charge of theft, according to the evidences, it canât arrest the accused and in the continuation, they allow temporary detention for accused of wilful murder, and think that the reasons of opposing persons fail to prove their claims, and demonstrate the evidences in addition to the evidences of agreeing persons. Concerning the charges of assault and battery, authors in agree with shahid avval and mohaggeg-e-sabzevari, believe that the accused can be arrested temporarily, and in their view, the proofs of some who donât agree with temporary detention is imperfect in proving their claims, and criticize them and in addition to proofs of who agree with being permissible, they bring about more documentary evidences, too. On the charge of manslaughter, they forbid temporary detention. And eventually, on the charge of criminal act in divine rights, in addition to lacking of reasons for legitimacy of temporary detention, they provide the evidences indicating it is not to be allowed. |
| first_indexed | 2024-03-07T22:04:28Z |
| format | Article |
| id | doaj.art-9d436381627b4c6f9f4a1186fa545cae |
| institution | Directory Open Access Journal |
| issn | 2008-7012 2717-0330 |
| language | fas |
| last_indexed | 2024-03-07T22:04:28Z |
| publishDate | 2014-06-01 |
| publisher | Semnan University |
| record_format | Article |
| series | مطالعات فقه و حقوق اسلامی |
| spelling | doaj.art-9d436381627b4c6f9f4a1186fa545cae2024-02-23T23:17:14ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302014-06-0161021123810.22075/feqh.2017.19161916A reflection on the validity of imprisonment and temporary detention as a safeguarding and precautionary action in the Islamic jurisprudenceH. Nasiri MuqaddamS. Fathi Kate GonbadiE. Aliakbari BabookaniIn this paper, the authors after assuming the kinds of imprisonment and temporary detention as a safeguarding and precautionary action on the human and god right, at first, consider some individuals rights consisting the financial and bodily rights, and then, contrary to the famous shiâit jurists believe that arresting persons claiming insolvency isnât permissible, and criticize the reasons of agreeing persons. Then they claim that on the charge of theft, according to the evidences, it canât arrest the accused and in the continuation, they allow temporary detention for accused of wilful murder, and think that the reasons of opposing persons fail to prove their claims, and demonstrate the evidences in addition to the evidences of agreeing persons. Concerning the charges of assault and battery, authors in agree with shahid avval and mohaggeg-e-sabzevari, believe that the accused can be arrested temporarily, and in their view, the proofs of some who donât agree with temporary detention is imperfect in proving their claims, and criticize them and in addition to proofs of who agree with being permissible, they bring about more documentary evidences, too. On the charge of manslaughter, they forbid temporary detention. And eventually, on the charge of criminal act in divine rights, in addition to lacking of reasons for legitimacy of temporary detention, they provide the evidences indicating it is not to be allowed.https://feqh.semnan.ac.ir/article_1916_04f20c544c860f52b102a44fd08d1086.pdftemporary detentionsafeguardingprecautionaryhuman rightsgod rights |
| spellingShingle | H. Nasiri Muqaddam S. Fathi Kate Gonbadi E. Aliakbari Babookani A reflection on the validity of imprisonment and temporary detention as a safeguarding and precautionary action in the Islamic jurisprudence مطالعات فقه و حقوق اسلامی temporary detention safeguarding precautionary human rights god rights |
| title | A reflection on the validity of imprisonment and temporary detention as a safeguarding and precautionary action in the Islamic jurisprudence |
| title_full | A reflection on the validity of imprisonment and temporary detention as a safeguarding and precautionary action in the Islamic jurisprudence |
| title_fullStr | A reflection on the validity of imprisonment and temporary detention as a safeguarding and precautionary action in the Islamic jurisprudence |
| title_full_unstemmed | A reflection on the validity of imprisonment and temporary detention as a safeguarding and precautionary action in the Islamic jurisprudence |
| title_short | A reflection on the validity of imprisonment and temporary detention as a safeguarding and precautionary action in the Islamic jurisprudence |
| title_sort | reflection on the validity of imprisonment and temporary detention as a safeguarding and precautionary action in the islamic jurisprudence |
| topic | temporary detention safeguarding precautionary human rights god rights |
| url | https://feqh.semnan.ac.ir/article_1916_04f20c544c860f52b102a44fd08d1086.pdf |
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