Narrative analysis of the term of "weapon" in the substantiation of the crime of moharebeh (A Critique of Article 279 of the Islamic Penal Code)
In the Islamic Penal Code adopted in 2013, the legislator of the Islamic Republic of Iran considered the definition of the crime of the crime of moharebeh (waging war against God or people) to be conditional on being armed, while, on one hand, the definition of a vast number of jurists does not rega...
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| Format: | Article |
| Language: | fas |
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Semnan University
2021-02-01
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| Series: | مطالعات فقه و حقوق اسلامی |
| Subjects: | |
| Online Access: | https://feqh.semnan.ac.ir/article_4889_a22867b30371fa3393bd14a064743dd0.pdf |
| _version_ | 1797296424316043264 |
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| author | Bahman Sabzaligol Mohammad Rasool Ahangaran Mahmood Ghayomzadeh |
| author_facet | Bahman Sabzaligol Mohammad Rasool Ahangaran Mahmood Ghayomzadeh |
| author_sort | Bahman Sabzaligol |
| collection | DOAJ |
| description | In the Islamic Penal Code adopted in 2013, the legislator of the Islamic Republic of Iran considered the definition of the crime of the crime of moharebeh (waging war against God or people) to be conditional on being armed, while, on one hand, the definition of a vast number of jurists does not regard this condition and in the known definition, according to some Jurisprudence and useful evidences, are the dominant assurance and not the avoiding, and on the other, it is implied from jurisprudential documents that if the battle is realized, the mentioned condition is not expressed and in case of non-occurrence of the battle and in case of only deprivation of public security, mentioning this condition does not mean that it constitutes a part of the subject, but it means the expression of the predominant condition. The present study is conducted through a descriptive-analytical method by means of library data and is written aiming at criticizing the law for interfering the condition of being armed in the crime of battle and at the same time its thoroughness in terms of this condition. |
| first_indexed | 2024-03-07T22:03:30Z |
| format | Article |
| id | doaj.art-af30fa01e2924115b7377f03e558fa17 |
| institution | Directory Open Access Journal |
| issn | 2008-7012 2717-0330 |
| language | fas |
| last_indexed | 2024-03-07T22:03:30Z |
| publishDate | 2021-02-01 |
| publisher | Semnan University |
| record_format | Article |
| series | مطالعات فقه و حقوق اسلامی |
| spelling | doaj.art-af30fa01e2924115b7377f03e558fa172024-02-23T23:20:05ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302021-02-01122312314810.22075/feqh.2020.20868.25054889Narrative analysis of the term of "weapon" in the substantiation of the crime of moharebeh (A Critique of Article 279 of the Islamic Penal Code)Bahman Sabzaligol0Mohammad Rasool Ahangaran1Mahmood Ghayomzadeh2Azad Islamic University-SavehTehran University-FarabiAzad Islamic University-SavehIn the Islamic Penal Code adopted in 2013, the legislator of the Islamic Republic of Iran considered the definition of the crime of the crime of moharebeh (waging war against God or people) to be conditional on being armed, while, on one hand, the definition of a vast number of jurists does not regard this condition and in the known definition, according to some Jurisprudence and useful evidences, are the dominant assurance and not the avoiding, and on the other, it is implied from jurisprudential documents that if the battle is realized, the mentioned condition is not expressed and in case of non-occurrence of the battle and in case of only deprivation of public security, mentioning this condition does not mean that it constitutes a part of the subject, but it means the expression of the predominant condition. The present study is conducted through a descriptive-analytical method by means of library data and is written aiming at criticizing the law for interfering the condition of being armed in the crime of battle and at the same time its thoroughness in terms of this condition.https://feqh.semnan.ac.ir/article_4889_a22867b30371fa3393bd14a064743dd0.pdfbattlethe use of weaponspulling weaponsdominant conditionavoiding condition |
| spellingShingle | Bahman Sabzaligol Mohammad Rasool Ahangaran Mahmood Ghayomzadeh Narrative analysis of the term of "weapon" in the substantiation of the crime of moharebeh (A Critique of Article 279 of the Islamic Penal Code) مطالعات فقه و حقوق اسلامی battle the use of weapons pulling weapons dominant condition avoiding condition |
| title | Narrative analysis of the term of "weapon" in the substantiation of the crime of moharebeh (A Critique of Article 279 of the Islamic Penal Code) |
| title_full | Narrative analysis of the term of "weapon" in the substantiation of the crime of moharebeh (A Critique of Article 279 of the Islamic Penal Code) |
| title_fullStr | Narrative analysis of the term of "weapon" in the substantiation of the crime of moharebeh (A Critique of Article 279 of the Islamic Penal Code) |
| title_full_unstemmed | Narrative analysis of the term of "weapon" in the substantiation of the crime of moharebeh (A Critique of Article 279 of the Islamic Penal Code) |
| title_short | Narrative analysis of the term of "weapon" in the substantiation of the crime of moharebeh (A Critique of Article 279 of the Islamic Penal Code) |
| title_sort | narrative analysis of the term of weapon in the substantiation of the crime of moharebeh a critique of article 279 of the islamic penal code |
| topic | battle the use of weapons pulling weapons dominant condition avoiding condition |
| url | https://feqh.semnan.ac.ir/article_4889_a22867b30371fa3393bd14a064743dd0.pdf |
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