نوع مقاله : مقاله علمی پژوهشی
نویسنده
استادیار گروه فقه و حقوق اسلامی، دانشکده الهیات، دانشگاه یزد، یزد، ایران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسنده [English]
Confiscation of property has been one of the common punishments in different societies for a long time, which can be seen in ancient Rome, ancient Greece, and ancient Iran. After the advent of Islam, the confiscation of property has always been considered as a punishment since the time of Rāshidūn Caliphs or al-Khulafāʾ al-Rāshidun (Arabic: الخُلَفاء الرّاشِدون). We can find examples of this in several legal articles at the present time. The present study, using a descriptive-analytical method, first examines the lexical and terminological terms of confiscation, and has been examined similar terms such as confiscation of property, expropriation, etc. in order to explain the nature of confiscation. Finally, the nature of confiscation can be introduced as “the permanent deprivation of the owner’s property rights by the government and the acquisition of those properties to the government without compensation”. Then, the jurisprudential foundations of confiscation of property as a punishment are examined, and it can be said as a result, that well-known Islamic jurists or fuqahāʾ (Arabic: فُقَهاء; translated as “jurists”), including Ahl as-Sunnah (Arabic: أَهْل السُّنَّة) and Imāmiyya (Arabic: امامیّه), believe in the legitimacy of confiscation of property for the purpose of punishment and there are many proofs for this theory, including the legitimacy of financial taʿzīr (pecuniary punishment) and narrations from sīra (conduct) of the Infallible Imams (al-ʾAʾimmah al-Maʿṣūmūn) ʿalayhim al-ṣalātu wal-salām, such as the story of the destruction of Masjid al-Ḍirār (Arabic: مَسْجِد الْضِّرار) by the Prophet ṣallā llāhu ʿalayhī wa-ʾālihī wa-sallam and the burning of the neighborhood of wine sellers by Imām ʾAmīr al-Muʾminīn (Arabic: أمیرالمُؤْمنین) ʿalayhi al-ṣalātu wal-salām, etc. They have also brought evidence from the sīra (conduct) of the Companions of the Prophet Muhammad “PBUH”, or Ṣaḥāba (Arabic: الصَّحابة), such as some of the actions of the second caliph. However, all these arguments can be distorted, because although the legitimacy of financial taʿzīr (pecuniary punishment) is defensible and has been accepted by well-known jurists, confiscation of property cannot be considered as an example of it, because financial taʿzīr (pecuniary punishment) is the obligation to pay a fine, and confiscation of property is the expropriation or deprivation of existing property, which is fundamentally different from each other. The aḥādīth (Arabic: أحادیث, singular: ḥadīth, traditions and narrations) cited in this regard are also not acceptable due to their many documentary and signifying defects, and sīra (conduct) of the companions is also lacking in validity.
کلیدواژه‌ها [English]
قرآن کریم
نهج‌البلاغه
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