نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 دانشجوی دکتری فقه و مبانی حقوق اسلامی، دانشکده الهیات و معارف اسلامی دانشگاه ایلام، ایلام. ایران
2 دانشیار گروه فقه و مبانی حقوق اسلامی، دانشکده الهیات و معارف اسلامی دانشگاه ایلام، ایلام. ایران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
“Duress” according to its special nature is one of the important issues that has long been considered by schools of jurisprudence and law and there has been a lot of discussion about it. Committing rape or forcible (duress) adultery or Zinā (Arabic: اَلْزِّنا, fornication) and coercion is only accepted by the adulterer in Article 224 of the Islamic Penal Code and somehow the possibility of the duress by adulteress and the coercion and duress of men in adultery has been rejected. The question raised is whether it is possible for men to be put under duress to commit adultery and what is the famous approach of the jurists to this issue? The question of examining this issue and topic is necessary because the famous fatwā (legal ruling) of Shīʿa jurists is contrary to this article and the great Shīʿa jurists such as ʿAllāmah Ḥillī (Arabic: اَلْعَلامَة الحِلِّی), al-Shaykh al-Ṭūsī (Arabic: اَلْشَّیْخُ الطُّوسی) and contemporaries such as Imām Khomeinī (Persian: امام خمینی) believe that it is possible for men to be put under duress to commit adultery. It has been tried in this research, which has been collected by library method and has been done descriptive and analytical, to strengthen the famous theory and prove the necessity of accepting duress for men to be put under duress to commit adultery by explaining the concept of duress (Arabic: إکْراه) in the opinions of jurists and legislators and critique of the evidence of the theory of non-coercion or lack of duress (non-famous theory) and by providing rational rules and medical documents as well as reviewing verses and ʾaḥādīṯ.
کلیدواژه‌ها [English]
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