نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Review:
Undoubtedly, moharebeh is one of the most important crimes against internal and external security. One of the disputed issues regarding moharebeh is the issue of the quality and manner of applying the four punishments in the holy verse. There are two promises in this regard. Many jurists are obliged to change the ruler in the execution of punishments, and some believe in order. This research has been organized in order to answer the question: what is the quality of the application of the punishments enclosed in the holy verse by the ruling party? Which promise is right? Accordingly, in the present study, in an analytical-comparative-descriptive manner, in order to achieve the desired answer, first a clear picture of the concept of moharebeh and a brief acquaintance with the four types of punishment of murder, cruelty, amputation and denial were sought. The promise of change and order was criticized in detail. It became clear that in principle, the division of narrations into variation and order is incorrect and lacks a correct basis. The legitimacy of this promise was proven and preferred. The practical benefit of the research is the proposal to amend Article 283 of the Penal Code approved in 2013.
کلیدواژهها English
