Fourth level of Jurisprudence and Principles of Qom Seminary, Qom, Iran
10.22034/api.2022.705952
Abstract
Astronomical rights impose huge costs on society and at the same time, due to their complex form, most of them are difficult to detect and prosecute. Therefore, they require a decisive penal policy. This research, using a library method and answering the main question: How is the criminalization of astronomical rights in Islamic jurisprudence?, seeks to explain the criminalization of astronomical rights from a jurisprudential perspective. The research method is descriptive and analytical, and the information was collected in the form of receipts. According to the findings of the research, in Islamic law, wages are in return for work. In Islamic sources, three categories of livelihood - function - material, social and psychological needs are discussed regarding the payment of salaries to employees and workers. The prohibition of taking all wealth for nothing and the prohibition of cooperating in sin are among the most important religious principles of criminalizing astronomical rights in the present era. Based on these principles, any forbidden act is forbidden according to the rule of "al-ta'zir lakal haram" and the punishment that the Islamic ruler applies, considering the circumstances and sensitivity of the issue, is one of the situational effects of receiving astronomical rights. Human reason prohibits any harm. This prohibition has been extended to the prohibition of astronomical rights, considering the principles of the principle of no harm, in such a way that human reason, along with fairness, considers astronomical rights to be outside the custom and contrary to the astronomical function of the recipients and considers such receipts to be a crime. Since the rule of justice, the prohibition of disruption of the system, and the principle of trustworthiness fight against betrayal, oppression, and disorder, astronomical rights are considered examples of betrayal, oppression, and disruption in the system, and astronomical recipients are considered traitors and disruptors of the economic and political security of society.
Jamiari,A. and Momeni,E. (2023). Jurisprudential Study of the Criminalization of Astronomical Laws. New researches in Islamic humanities studies, 2(3), 125-138. doi: 10.22034/api.2022.705952
MLA
Jamiari,A. , and Momeni,E. . "Jurisprudential Study of the Criminalization of Astronomical Laws", New researches in Islamic humanities studies, 2, 3, 2023, 125-138. doi: 10.22034/api.2022.705952
HARVARD
Jamiari A., Momeni E. (2023). 'Jurisprudential Study of the Criminalization of Astronomical Laws', New researches in Islamic humanities studies, 2(3), pp. 125-138. doi: 10.22034/api.2022.705952
CHICAGO
A. Jamiari and E. Momeni, "Jurisprudential Study of the Criminalization of Astronomical Laws," New researches in Islamic humanities studies, 2 3 (2023): 125-138, doi: 10.22034/api.2022.705952
VANCOUVER
Jamiari A., Momeni E. Jurisprudential Study of the Criminalization of Astronomical Laws. New researches in Islamic humanities studies, 2023; 2(3): 125-138. doi: 10.22034/api.2022.705952