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Rurdeh H, Mohseni Dehkalani M, Ruhani Moqadam M. Relationship between Human Rights and Criminalization of Two Titles of Waging War and Corruption on Earth. MLJ 2019; 13 :153-169
URL: http://ijmedicallaw.ir/article-1-1018-en.html

Waging war and corruption on earth are among the crimes against security which have been criminalized after Islamic Revolution based on the verses 32 and 33 of Surah Al-Ma'ida. Of course, some examples of them can be seen in the public penal code before Revolution. These two titles have been simultaneously used in Islamic Penal Code adopted in 1982 and given the existing ambiguities they have not experienced major developments in the law adopted in 1991. However, in the law adopted in 2013 some fundamental and positive developments have taken place and they have been given independent criminal titles because the examples of waging War have been eliminated and restricted to its cases. Other examples have been presented in the form of the crime of corruption and rebellion. With the changes that have been made in the concept and extensions of the waging war following the examples that exist in other relevant codes under the title of waging war or semi-rebellion if they do not fit with the waging war, they should be changed or have to be interpreted based on other legal articles like rebellion and corruption on earth. Most of the previous extensions of corruption on earth must be considered based on the article 286 of Islamic Penal Code in view of the rules of human rights as well as human dignity and principle of justice. Execution is not justifiable for some of these extensions because it leads to the criticisms of many of the native and foreign legal experts against this type of criminalization that is considered to be an example of violation of human rights. Nevertheless, Islamic Sharia with the dignity and stature that has given mankind is itself a proponent of human rights. Then, at first sight, criminalization of waging war and corruption on earth might seem to be in conflict with human rights; while, not only this is not the case rather these two titles can help the realization of human rights. The punishment of execution is not in conflict with the right of life and inhumane.


Please cite this article as: Rurdeh H, Mohseni Dehkalani M, Ruhani Moqadam M. Relationship between Human Rights and Criminalization of Two Titles of Waging War and Corruption on Earth, Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2019; 153-169.