Study and evaluation of non-Muslim rights in Imami jurisprudence and related laws, especially the Islamic Penal Code of Iran

Document Type : Original Article

Authors

1 PhD Student in Jurisprudence and Fundamentals of Islamic Law, Mahallat Branch, Islamic Azad University, Mahallat, Iran.

2 Assistant Professor, Department of Theology and Islamic Studies, Mahallat Branch, Islamic Azad University, Mahallat, Iran.

3 Assistant Professor, Department of Theology and Islamic Studies, Mahallat Branch, Islamic Azad University, Mahallat, Iran

4 Assistant Professor, Department of Education, Farhangian University, Tehran, Iran.

Abstract

The religion of Islam has not only dealt with matters concerning Muslims, but also, in an overview, has drawn up rules for non-Muslims and respect for their rights; In the Islamic approach, non-Muslims are either considered as dhimmis, covenants, and trustees who, although present as a minority in the Muslim community, are supported, or who are among the non-Muslims who are in conflict with Muslims. There are those who are known as military infidels and therefore are not respected by Islam. A look at the sources of Imami jurisprudence shows that the breadth, property and honor of non-Muslims who are under the protection of the Islamic society are considered inviolable; Thus, Muslims have no right to attack them; Because in this case they will be reprimanded. The Constitution of the Islamic Republic of Iran, by recognizing the religious, Christian and Zoroastrian individuals as religious minorities, has also recognized their rights. The legislature in the Islamic Penal Code in 1392, with the establishment of jurisprudential standards in some areas, including adultery with Muslims, sodomy, tafkhiz, the death sentence as an aggravation of punishment for non-Muslims and in drinking alcohol, as a factor A discount was given to non-Muslims only if they pretended to have a limit. Regarding diyat, the equality of diyat of the non-Muslim and Muslim minorities was maintained, taking into account the opinion of the leadership.

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