نوع مقاله : مقاله علمی ترویجی
نویسنده
جامعه المصطفی العالمیه
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The rule “every prohibited act is punishable by T’azeer” that is one of the deducted principles in the Imamiah and Hanafit jurisprudence and is ruling over the T’azeers is the basis of legitimacy of many criminal laws. The majority of the Imamiah and Hanafit jurists have accepted the principle both in the major and little sins, but some of the Imamiah jurists confine it to the major sins and some others have rejected generality of the principle even in the major sins.
To prove the principle the jurists have reasoned by the following proves: the general traditions that order to impose the Hads in the cases of violation of the divine orders; the special narrations of the Infallibles ordering to exercise the T’azeers on some sins; the traditions about obligation of deterrence of some sins; the manner of the Prophet (PBUH) and Imam Ali (AS) who have imposed T’azeer on some sinners while there was no T’azeer punishment determined for them; the principle “protecting the order”.
کلیدواژهها [English]
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