نوع مقاله : مقاله علمی ترویجی
نویسنده
دانشجوی دکتری فقه و مبانی حقوق اسلامی دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Given that the sacred religion of Islam has accepted the freedom of human beings as an indisputable principle, deprivation of liberty, which is synonymous with kidnapping, is considered a crime from the point of view of the Islamic jurisprudence, and in addition to prohibition entails punishment, but there is a difference of opinion among the jurists about the punishment of such a crime. Some argue that, given that one of the conditions for Hadd punishment for theft is the quorum in the stolen property, which depends on the financial value of the stolen property, in the case of kidnapping, given that the person is not property, the Hadd punishment of theft cannot be enforced. On the other hand, some hold that Hadd can be applied for kidnapping referring to the absoluteness of the Quranic Verses and Hadiths about theft and the comparison of priority between preserving life and preserving property and that the punishment of amputation is prescribed for preserving property, so all the more it is applied in kidnapping. However, due to the implicational or documentation weakness of the evidences and the distortion of the analogy of priority due to the uncertainty of the criterion of thefts Hadd, it is not possible to spread the Hadd punishment from stealing property to stealing people, even if the stolen person is a child carrying a property reaching the quorum with him, because this property is still in the hands of its owner. But from another aspect we can act according to the content of the above-mentioned Hadiths and that is to consider the sale of free human beings as a separate crime, which according to the mentioned narrations is punishable by amputation. Some jurists consider the amputation for kidnapping to be due to the title of “corruption of the earth”, but this theory cannot be proposed because is not supported by Hadiths. However, if the kidnapper is found to be a corruptor on earth, he must be punished according to the provisions of the punishment of the corruptor on earth.
کلیدواژهها [English]
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