نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
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One of the most important factors in the realization of the crime of moharebeh is the use of a weapon, and the perpetrator's behavior can be considered moharebeh if he first takes up arms. Jurists have referred to this condition under titles such as "disclosure of weapons" and "abstraction of weapons." Therefore, moharebeh cannot be realized without abstraction of weapons. A group of jurists believe that the validity of the term weapon in moharebeh is realized when it is used to intimidate, force, and overcome people. Therefore, according to this group, weapons are tools for exercising force and power, which can even be used to set fire to people's houses. Based on this belief, if someone attacks people to create fear and to show off their power, force, and overcome, whether they have a weapon in their hands or not, they are considered moharebeh. Another group, which includes most Imamiyya jurists, believe that the validity of the term weapon in moharebeh is realized when it is necessarily an iron weapon, and it does not matter if it is a hot or cold weapon. The validity of the term weapon will also be examined in some recent examples such as chemicals (acid, etc.). This research will conclude by examining jurisprudential evidence, legal texts, relevant executive regulations, and judicial doctrine that the element of weapon in moharebeh has acquired a broader meaning in today's society and includes cold weapons, hot weapons, and in general, anything that can be used to threaten humans.
کلیدواژهها English