نوع مقاله : مقاله پژوهشی
نویسندگان
1 عضو هیات علمی دانشگاه آزاد اسلامی واحد علوم و تحقیقات تهران،تهران، ایران.
2 دانش آموخته کارشناسی ارشد فقه و مبانی حقوق اسلامی، دانشکده علوم انسانی و حقوق، قاضی دادگستری استان قم،قم،ایران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Diyeh as a legal entity is accepted by Islam and it is one of the signature rules of Islam that existed in the pre-Islam era and was accepted and signed with the advent of Islam, and the reason for its acceptance is the Qur'an, the Sunnah of the Prophet and the Ahl al-Bayt, may peace be upon him, and consensus. It is the jurists. The nature of money is one of the most influential topics in the discussion of money, because accepting any kind of nature for money has consequences. If we consider the nature of dowry as a punishment, it should be said that according to the rules of guarantee and civil liability, in addition to the received dowry, the victim can claim compensation for the damages caused to him by the criminal's actions by filing a petition, and the court also confirms The causal relationship between the damage caused and the act of the criminal warrants compensation, but if we consider the dowry as having a civil (compensatory) nature, which was determined by the holy law to compensate the injured party, due to the determination of its amount, nothing other than the dowry can be used as compensation for the damage. demanded from the perpetrator (criminal). Also, the need to discuss and examine the legal nature of money is evident from the fact that, despite the provisions of Article 14 of the Islamic Penal Code approved in 2012, which states: "The prescribed punishments for natural persons are of four types: a. The explicit expression of the legislator in the above-mentioned article regarding the punishment of dowry, the difference in the nature of dowry still remains. Although the legislator has considered the description of the punishment for money in the mentioned article, but in article 452 of the same law [1] the effects and provisions of civil liability or guarantee are considered valid in relation to money and in article 454 of the said law [2] the proofs of proof of money The same evidence is considered as proof of debt and financial guarantee.
کلیدواژه‌ها [English]
)