Volume 15 - Legal Innovation
MLJ 2021, 15 - Legal Innovation: 713-723 |
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Saeedi Garaghani B, Ahangaran M R, Iranmanesh J. Investigating the Differences and Commonalities of Ardabili's Holy Views on Adultery with the Islamic Penal Code of Iran. MLJ 2021; 15 :713-723
URL: http://ijmedicallaw.ir/article-1-1455-en.html
URL: http://ijmedicallaw.ir/article-1-1455-en.html
1- Department of Jurisprudence and Fundamentals of Islamic Law, Semnan Branch, Islamic Azad University, Semnan, Iran
2- Department of Law, Faculty of Theology, Farabi Campus, University of Tehran, Tehran, Iran
3- Department of Jurisprudence and Fundamentals of Islamic Law, Kerman Branch, Islamic Azad University, Kerman, Iran
2- Department of Law, Faculty of Theology, Farabi Campus, University of Tehran, Tehran, Iran
3- Department of Jurisprudence and Fundamentals of Islamic Law, Kerman Branch, Islamic Azad University, Kerman, Iran
Abstract:
Background and Aim: Considering the significant progress that has been made in the field of criminal legislation, these laws still need to be amended. Among other things, taking advantage of the views of jurists and Islamic scholars on acts such as adultery, the corresponding crime of which is also stated in the Islamic Penal Code, the famous sayings of jurists or their theories have not been considered as criteria. For this reason, the present study seeks to address the sacred views of Ardabili and the Islamic Penal Code on adultery.
Materials and Methods: The method used in the present study is descriptive and analytical, which deals comparatively with the sacred views of Ardabil and the Islamic Penal Code.
Results: Regarding adultery, according to Article 225, the hadd punishment for adultery is stoning for adultery and adultery, but if stoning is not possible, if the crime was issued with evidence, it will result in the execution of adultery and adultery, otherwise it will result in one hundred lashes for Each is. This is while the saints of Ardabili have only stated stoning regarding adultery. Regarding the proof of adultery, in addition to the four confessions or testimonies of witnesses agreed upon by the researcher and the law, the knowledge of the judge has also been added to the Islamic Penal Code.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: Muqaddas Ardabili considers the repentance of an adulterer or adulterer to cause the hadd to fall, but in the Islamic Penal Code for adultery, if it is with confession, repentance before proving adultery can be accepted, but if it is evidence, repentance is not acceptable. Also, Moqaddas Ardabili knows the limits of adultery for an adult and a wise person, but according to Article 228, if adultery is immature and adultery is adult, adultery will not be punished, but the adulterer will receive 100 lashes, whether he is a prostitute or not.
Cite this article as: Saeedi Garaghani B, Ahangaran MR, Iranmanesh J. Investigating the Differences and Commonalities of Ardabili's Holy Views on Adultery with the Islamic Penal Code of Iran. Medical Law Journal 2021; Legal Innovation.
Materials and Methods: The method used in the present study is descriptive and analytical, which deals comparatively with the sacred views of Ardabil and the Islamic Penal Code.
Results: Regarding adultery, according to Article 225, the hadd punishment for adultery is stoning for adultery and adultery, but if stoning is not possible, if the crime was issued with evidence, it will result in the execution of adultery and adultery, otherwise it will result in one hundred lashes for Each is. This is while the saints of Ardabili have only stated stoning regarding adultery. Regarding the proof of adultery, in addition to the four confessions or testimonies of witnesses agreed upon by the researcher and the law, the knowledge of the judge has also been added to the Islamic Penal Code.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: Muqaddas Ardabili considers the repentance of an adulterer or adulterer to cause the hadd to fall, but in the Islamic Penal Code for adultery, if it is with confession, repentance before proving adultery can be accepted, but if it is evidence, repentance is not acceptable. Also, Moqaddas Ardabili knows the limits of adultery for an adult and a wise person, but according to Article 228, if adultery is immature and adultery is adult, adultery will not be punished, but the adulterer will receive 100 lashes, whether he is a prostitute or not.
Cite this article as: Saeedi Garaghani B, Ahangaran MR, Iranmanesh J. Investigating the Differences and Commonalities of Ardabili's Holy Views on Adultery with the Islamic Penal Code of Iran. Medical Law Journal 2021; Legal Innovation.
Type of Study: Original Article |
Received: 2021/10/10 | Accepted: 2022/01/26
Received: 2021/10/10 | Accepted: 2022/01/26
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