Criterion of stability and change in sins and Shariah crimes
rom the point of view of the Holy Qur'an, a crime is doing an act or speech that God has forbidden and there is a prescribed punishment for it, or it is the abandonment of an act or speech that is considered obligatory and its abandonment is considered to be punishable.To be guarded that all ex...
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Veröffentlicht in: | Pizhūhishʹnāmah-i maʻārif-i Qurʼānī 2023-12, Vol.14 (55), p.7-122 |
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Zusammenfassung: | rom the point of view of the Holy Qur'an, a crime is doing an act or speech that God has forbidden and there is a prescribed punishment for it, or it is the abandonment of an act or speech that is considered obligatory and its abandonment is considered to be punishable.To be guarded that all examples of crimes are under the two general headings of forbidden acts or obligatory abandonment or, in other words, disobeying God's commandments and prohibitions of God Almighty and it can be said that the one who disobeys these orders and prohibitions deserves the punishment that will befall him in this world or the hereafter.One of the important points in this discussion is the issue of stability and change in crimes. Criminal acts such as oppression, theft, lying, adultery, usurpation, etc., which are considered in the Qur'an and Islamic traditions (Ahadith) under the headings of sin, rebellion, crime, etc., are they fixed and unchangeable? This means that in any era and time, these titles are observed as a sin and a criminal act, and with the passage of time, the changes of age, habits, and customs have no role in it or it may be variable and have its own ruling in every situation and time? What is the criterion of stability and change in crimes?In response, it should be said that there are two criteria for determining stability and change in crimes, each of which complements the other.The first criterion for the stability and immutability of crime is its opposition to divine-human nature, Islamic orders and rulings are in harmony with the divine nature of man, which is created based on monotheistic tendency and man is the only being in this world who is dynamic, innovative and creative. He can be active in any way he wants and is not influenced by time and place requirements in such a way that he is deprived of his freedom. Human will is superior to everything. In other words, man often creates the requirements of his time, and it is not the case that time puts him under its control. On the other hand, Islam has laid down general laws, the principle of which does not find any difference due to the difference of complications, but has estimated their branches and details in such a way that it provides the interests of individuals and communities in different situations and cases and at the same time, that general law, the guarantor of the integrity of the monotheistic nature, which acts in order to protect it, is not abandoned, but in such a way that all the det |
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ISSN: | 2008-9252 2538-2012 |
DOI: | 10.22054/rjqk.2024.72346.2767 |