Volume 12 - Special Issue on Human Rights and Citizenship Rights
MLJ 2018, 12 - Special Issue on Human Rights and Citizenship Rights: 245-257 |
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Golmohammadi H, Ayati S M R, Rahman Setayesh M K. Exploring the Repelling of the Worse by the bad and its Manifestation in the Penal Lore With the Observance of Citizenship Rights. MLJ 2018; 12 :245-257
URL: http://ijmedicallaw.ir/article-1-1243-en.html
URL: http://ijmedicallaw.ir/article-1-1243-en.html
1- Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran
2- Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran. (Corresponding author)
3- Assistant Professor, Department of Quranic and Hadith Sciences, Faculty of Theology and Islamic Studies, Qom University, Qom, Iran
2- Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran. (Corresponding author)
3- Assistant Professor, Department of Quranic and Hadith Sciences, Faculty of Theology and Islamic Studies, Qom University, Qom, Iran
Abstract:
Objective and Background: In Cases That two Forbidden Actions are one Worse and the Other Worst, the Intellect Rules That one Should Welcome the Worse and Unpleasant Action for Avoiding the Worst and the Most Unpleasant Action Provided That This is the Only Solution and the Citizenship Rights are Observed by Both the Person and the Government.
Objective: the Present Article Tries Investigating the Way of Repelling the Worst by the Worse as Stated in the Penal Laws and Also in the Light of the Citizenship Rights.
Study Method: the Present Descriptive-Analytical Research has Been Carried out Through Library Research.
Ethical Considerations: The Present Study Has Been Conducted Through the Observance of the Content Originality as Well as in Adherence to Such Principles as Fairness and Trustworthiness.
Findings: It Will be Observed in This Article That There are Times That the Only Way for Getting Rid of More Corruptions is the Perpetration of and Giving up to Actions With Less Depravity; This Maxim is Termed “Repelling of the Worst by the Worse” and its Examples Can be Seen in the Statutory Provisions, Particularly the Penal Lore But, of Course, With this Exception That the Citizens’ Rights Should Not be Damaged by any Means Hence it is Necessary to Investigate and Analyze the Examples of This Axiom in Iran’s Penal Regulations.
Conclusion: The Contents of the Maxim “Repelling of the Worst by the Worse” in the Penal Laws Include the Permissibility of Perpetrating Worse Actions for Avoiding the Perpetration of the Worst Actions. In Fact, Such Contents Incorporate one of the Examples of the Maxim “the Most Important and the Important”. Considering the Novel Nature of This Axiom and its Match With the Latest Subjects in Political-Social Terms, it is Posited That What are the Examples of This Maxim in Iran’s Penal Regulations and That Can the Citizens’ Rights be Trampled With the Excuse of Repelling the Worst by the Worse? It can be Expressed That This Axiom is Overlapping With Such Other Maxims as Legitimate Defense, Citizenship Rights, Legal Authorities’ Instructions, Enforcement of the Most Important Rule and Urgency in the Penal Laws.
Please cite this article as: Golmohammadi H, Ayati S M R, Exploring the Repelling of the Worse by the bad and its Manifestation in the Penal Lore With the Observance of Citizenship Rights. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2018; 231-257.
Objective: the Present Article Tries Investigating the Way of Repelling the Worst by the Worse as Stated in the Penal Laws and Also in the Light of the Citizenship Rights.
Study Method: the Present Descriptive-Analytical Research has Been Carried out Through Library Research.
Ethical Considerations: The Present Study Has Been Conducted Through the Observance of the Content Originality as Well as in Adherence to Such Principles as Fairness and Trustworthiness.
Findings: It Will be Observed in This Article That There are Times That the Only Way for Getting Rid of More Corruptions is the Perpetration of and Giving up to Actions With Less Depravity; This Maxim is Termed “Repelling of the Worst by the Worse” and its Examples Can be Seen in the Statutory Provisions, Particularly the Penal Lore But, of Course, With this Exception That the Citizens’ Rights Should Not be Damaged by any Means Hence it is Necessary to Investigate and Analyze the Examples of This Axiom in Iran’s Penal Regulations.
Conclusion: The Contents of the Maxim “Repelling of the Worst by the Worse” in the Penal Laws Include the Permissibility of Perpetrating Worse Actions for Avoiding the Perpetration of the Worst Actions. In Fact, Such Contents Incorporate one of the Examples of the Maxim “the Most Important and the Important”. Considering the Novel Nature of This Axiom and its Match With the Latest Subjects in Political-Social Terms, it is Posited That What are the Examples of This Maxim in Iran’s Penal Regulations and That Can the Citizens’ Rights be Trampled With the Excuse of Repelling the Worst by the Worse? It can be Expressed That This Axiom is Overlapping With Such Other Maxims as Legitimate Defense, Citizenship Rights, Legal Authorities’ Instructions, Enforcement of the Most Important Rule and Urgency in the Penal Laws.
Please cite this article as: Golmohammadi H, Ayati S M R, Exploring the Repelling of the Worse by the bad and its Manifestation in the Penal Lore With the Observance of Citizenship Rights. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2018; 231-257.
Keywords: Repelling of the Worse by the Worst, Penal Regulations, Citizenship Rights, Legitimate Defense, the Most Important Rile, Legal Authorities’ Instructions, Urgency
Type of Study: Original Article |
Received: 2019/02/6 | Accepted: 2020/06/30
Received: 2019/02/6 | Accepted: 2020/06/30
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