نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجو دوره دکتری حقوق کیفری و جرم شناسی، دانشکده حقوق، دانشکدگان فارابی دانشگاه تهران، قم، ایران
2 دانشیار، گروه حقوق کیفری و جرم شناسی، دانشکده حقوق دانشکدگان فارابی دانشگاه تهران، قم، ایران.
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Given its universal nature, Islamic criminal law faces questions about how to deal with non-Muslim crimes, including whether non-Muslim hadith crimes are handled in the same way as Muslims or whether they have a specific pattern? This issue requires careful jurisprudential examination, especially in light of possible conflicts with contemporary legal principles. The present study, with the aim of analyzing the theory of Imam selection as one of the jurisprudential solutions to this issue, has been conducted using a descriptive-analytical method and a jurisprudential-ijtihad approach. The findings show that the Islamic ruler has the authority to deal with non-Muslim hadith crimes according to Islamic law or to hand them over to his courts to be punished according to his law. The evidence for this theory includes verse 42 of Surah Al-Ma'idah, narrations, consensus, and the requirements of the dhimmi contract. The scope of this theory includes all hadd crimes and is not limited to a specific hadd, but it applies only to those who are obligated and protected, and in the event of a crime being committed openly, the implementation of Islamic hadd is mandatory. This theory faces apparent challenges in adapting to contemporary legal principles such as the principle of the rule of law, equality of individuals before the law, and the unification of laws and judicial processes. In the Iranian legal system, despite legal restrictions, Article 167 of the Constitution allows the use of this theory. For greater efficiency, it is suggested that special laws be passed or specialized institutions be formed. The theory of choosing the Imam can serve as a model for the Islamic government's interaction with non-Muslims and how to deal with crimes in multicultural societies.
کلیدواژه‌ها [English]