Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 525-540 |
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Alishahi Ghalehjoughi A, Jokar S M, Raees Al-Sadati Z. Criminalizing Dog-Walking in Public Spaces: From Islamic Jurisprudence Analysis to Legal Lacuna (Mapping an Approach to Health Risks). MLJ 2022; 16 (57) :525-540
URL: http://ijmedicallaw.ir/article-1-1301-en.html
URL: http://ijmedicallaw.ir/article-1-1301-en.html
1- Department of Theology, Farhangian University, Tehran, Iran
2- Department of Theology, Faculty of Humanities, Yasouj University, Yasouj, Iran
3- Department of Jurisprudence and Criminal Law, Motahhari University, Women s Campus, Mashhad, Iran
2- Department of Theology, Faculty of Humanities, Yasouj University, Yasouj, Iran
3- Department of Jurisprudence and Criminal Law, Motahhari University, Women s Campus, Mashhad, Iran
Abstract:
Background and Aim: Dog-walking, in its different forms, presents a major social-legal challenge in society. The Islamic jurisprudence (fiqh) and the existing case law did not explicitly ban or permit dog-walking, a situation which has led to arbitrary enforcement of law. Due to the non liquet situation (also known as legal lacuna), dog-walkers in public spaces or residential areas and some supporters of such actions often rely on the absence of established legislation and cite the principle of legality of offense and punishment to argue not only that dog-walking does not represent a crime but also any ban or enforcement of punishment under the order and security framework constitute a denial of citizenship rights. Therefore, it is essential to explore the issue within the framework of Islamic jurisprudence in an attempt to fill this legal lacuna through establishing a principled view on criminalization of dog-walking.
Method: The present study takes a descriptive-analytic approach together with a desk research methodology used to write this paper.
Ethical Considerations: The principles of originality, integrity and honesty have been adhered to while throughout the process of writing this paper.
Results: Based on a number of general provisions and applications of relevant jurisprudential arguments as well as the provisions of Article 618, Discretionary Punishment Acts (Tazīr) and Articles 522 and 523, Islamic Penal Code, it can be argued that that first, dog-walking in public spaces has not been authorized by the rules of sharia and second, given the health risk attached, it can be prosecuted and punished as the case may be under applicable laws.
Conclusion: Given the health risks potentially caused by dog-walking, the l egal lacuna in this respect and the fact that Islamic traditions (hadiths) disapproves of dog-walking, it is recommended in this paper that dog-walking should be criminalized. The paper also provides a number of suggestions for legislations to ban dog-walking in public spaces.
Please cite this article as:
Alishahi Ghalehjoughi A, Jokar SM, Raees Al-Sadati Z.Criminalizing Dog-Walking in Public Spaces: From Islamic Jurisprudence Analysis to Legal Lacuna (Mapping an Approach to Health Risks). Medical Law Journal. 2022; 16(57): e34.
Method: The present study takes a descriptive-analytic approach together with a desk research methodology used to write this paper.
Ethical Considerations: The principles of originality, integrity and honesty have been adhered to while throughout the process of writing this paper.
Results: Based on a number of general provisions and applications of relevant jurisprudential arguments as well as the provisions of Article 618, Discretionary Punishment Acts (Tazīr) and Articles 522 and 523, Islamic Penal Code, it can be argued that that first, dog-walking in public spaces has not been authorized by the rules of sharia and second, given the health risk attached, it can be prosecuted and punished as the case may be under applicable laws.
Conclusion: Given the health risks potentially caused by dog-walking, the l egal lacuna in this respect and the fact that Islamic traditions (hadiths) disapproves of dog-walking, it is recommended in this paper that dog-walking should be criminalized. The paper also provides a number of suggestions for legislations to ban dog-walking in public spaces.
Please cite this article as:
Alishahi Ghalehjoughi A, Jokar SM, Raees Al-Sadati Z.Criminalizing Dog-Walking in Public Spaces: From Islamic Jurisprudence Analysis to Legal Lacuna (Mapping an Approach to Health Risks). Medical Law Journal. 2022; 16(57): e34.
Type of Study: Original Article |
Received: 2021/01/29 | Accepted: 2021/07/23
Received: 2021/01/29 | Accepted: 2021/07/23
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