A comparative study of the Concepts of " Forgivable and Unforgivable " in Customary Criminal Law in the Face of the Concepts of " Haqullahi and Haqlanasi crimes " in Imamiyyah Jurisprudence; From the Scope of Adaptability to the Feasibility of Substitution
1
Assistant Professor, Department of Law, Malayer University, Malayer, Iran
2
Assistant Professor, Department of Education, Malayer University, Malayer, Iran
10.22034/law.2023.53929.3194
Abstract
In customary criminal law, except for a few cases, there was no mention of Haqullahi and Haqlanasi crimes, but it was mentioned many times about forgivable and unforgivable crimes. Forgivable and non-forgivable crimes have a decisive effect in terms of the amount of intervention suffered by the victim and its effect on the initiation, continuation and appeal of criminal proceedings; But in jurisprudence texts, without mention of forgivable and unforgivable crimes, the general effects of these crimes have been specified by using the terms Haqullahi and Haqlanasi crimes. The current research with a comparative view and by adopting descriptive analytical method and the use of library tools, tries to answer the basic question that to what extent can forgivable and unforgivable crimes be compatible with the terms Haqullah and Haqul-Nas in terms of examples and related works? Despite the differences between these two categories of terms in terms of scope and consequential effects, both of them have been established and used with the intention of achieving similar goals, since according to the constitution, the main source of rulings and regulations of our country must necessarily come from Islamic jurisprudence. (Imamiyyah) and despite the fact that the terms Haqullah and Haqul-Naas were available in Islamic jurisprudence and Imamiyyah and could use them, but the ordinary legislator based on other legal systems and similar to the same method used to classify crimes in general criminal laws before the revolution It was possible to use transitive and non-transitory concepts.
Kazemi, S. S., & kakavand, M. (2023). A comparative study of the Concepts of " Forgivable and Unforgivable " in Customary Criminal Law in the Face of the Concepts of " Haqullahi and Haqlanasi crimes " in Imamiyyah Jurisprudence; From the Scope of Adaptability to the Feasibility of Substitution. Jurisprudence and Islamic Law, (), -. doi: 10.22034/law.2023.53929.3194
MLA
Sayed Sajjad Kazemi; mohammad kakavand. "A comparative study of the Concepts of " Forgivable and Unforgivable " in Customary Criminal Law in the Face of the Concepts of " Haqullahi and Haqlanasi crimes " in Imamiyyah Jurisprudence; From the Scope of Adaptability to the Feasibility of Substitution". Jurisprudence and Islamic Law, , , 2023, -. doi: 10.22034/law.2023.53929.3194
HARVARD
Kazemi, S. S., kakavand, M. (2023). 'A comparative study of the Concepts of " Forgivable and Unforgivable " in Customary Criminal Law in the Face of the Concepts of " Haqullahi and Haqlanasi crimes " in Imamiyyah Jurisprudence; From the Scope of Adaptability to the Feasibility of Substitution', Jurisprudence and Islamic Law, (), pp. -. doi: 10.22034/law.2023.53929.3194
VANCOUVER
Kazemi, S. S., kakavand, M. A comparative study of the Concepts of " Forgivable and Unforgivable " in Customary Criminal Law in the Face of the Concepts of " Haqullahi and Haqlanasi crimes " in Imamiyyah Jurisprudence; From the Scope of Adaptability to the Feasibility of Substitution. Jurisprudence and Islamic Law, 2023; (): -. doi: 10.22034/law.2023.53929.3194
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