نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشکده حقوق و علوم سیاسی، دانشگاه فردوسی مشهد
2 دانشگاه رازی کرمانشاه
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The subject of this article is the analysis of the opinions and interpretations presented about the history of crime and punishment in pre-modern Islamic societies in the geographical range of the Nile region in Africa to Oxus in Central Asia and the way of mutual interaction of jurists and caliphs is about this. The rise of Islam in the Arabian Peninsula and the formation of Islamic governments made necessary to formulate Rulings regarding crimes and punishment of criminals and implement them in accordance with the Qur'an and hadiths. The Muslim rulers and politicians tried to adhere to the inferred criminal jurisprudence rules show their legitimacy. However, the flowing needs of politics, along with the fixed nature of jurisprudence, caused the caliphs pass the penal jurisprudential fatwa to some extent by creating extensive judicial and executive networks such as court of grievances, urban police and censor of public morals. Although this situation was not the Sunni jurists’ scene, but a group of them, due to the acceptance of the existing political realities and the idea that the existence of a cruel and at the same time Sharia-compliant ruler, is better than not having a ruler, by proposing the element of political expediency, to remove the defect of politics, to rationalize for the criminal actions of the rulers. in this way, a link between jurisprudence and politics was established. However, due to the Sunni religion of the caliphs, the Shia jurists had no role in the game of politics. Current research seeks to present contextual and cross-disciplinary approaches to Islamic criminal law in the pre-modern period.
کلیدواژهها [English]
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