مبانی فقهی و حقوقی حدود منافی عفت اقلیت‌های دینی پس از اسلام آوردن و تطبیق آن با قاعده جب

Document Type : Original Article

Author

دکتری تخصصی حقوق اسلامی، دانشگاه علم و هنر یزد، مدرس دانشگاه، وکیل پایه یک دادگستری، s.islamic@ymail.com

10.30510/psi.2024.278435.1660

Abstract

One of the issues raised in the penal laws related to religious minorities and among the examples of acts against chastity that are mentioned in the Penal Law and in the section on Hudud is the adultery of a dhimmi infidel with a Muslim woman, which is one of the cases of execution in adultery by Imami jurists. have known Now, the discussion in this research is that if a dhimmi infidel declares Islam after committing this act with a Muslim woman, what will be his punishment.The present research has discussed the statements in the issue, which are: the absolute non-falling of the hadd, the absolute fall of the hadd, and the promise in detail, which the author, by creating a flaw in the evidence of each promise, finally believes that the hadd has fallen from the dhimmi by referring to the rule of It has been seized; But since this rule does not cause the fall of the prescribed punishment in other religions and rational rules; Therefore, considering that such a person was a disbeliever while committing the crime, he will be punished according to his Shari'ah. Another argument is that the court has the authority to give a verdict, which was given to the court of infidels by discussing and investigating the issue of the promise of the permissibility of infidels.
From a legal point of view, Article 224 of the Islamic Penal Code generally mentions the cases where the death penalty is considered for adultery, one of which is the adultery of a non-Muslim man with a Muslim woman.

Keywords

Political Sociology of Iran
Volume 4, Issue 4 - Serial Number 16
February 2022
Pages 1234-1260

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