نوع مقاله : مقاله علمی پژوهشی
نویسنده
استادیار گروه حقوق، واحد مشهد، دانشگاه آزاد اسلامی، مشهد ، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
their specific instances, which, in light of Article 220 of the Islamic Penal Code, has led to certain ambiguities. Another controversial issue is the ambiguity regarding the legal standing of ordinary individuals to conduct proceedings against those accused of Hadd crimes punishable by death or amputation. This research aims to provide an appropriate interpretation of the first two paragraphs of Article 302 within the framework of Sharia and statutory principles, and to propose a logical and sound solution to resolve these discrepancies. The primary research question is: who are the perpetrators of Hadd crimes punishable by death or amputation, and what is their legal status regarding the issuance of a final verdict? The findings of this article indicate that, in addition to the Hadd crimes punishable by death as stipulated in the Islamic Penal Code, apostasy (Irtidad), sorcery (Sihr), and claiming prophethood are also included among these instances in jurisprudence (Fiqh). However, committing a crime against such perpetrators only exempts the perpetrator from Qisas (retribution) and Diyah (blood money) if a final conviction has been issued by the court.”
کلیدواژهها [English]
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