نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
Objective: The objective of this study is to examine the juristic and historical background of the crime of moharebeh (waging war against God) and to analyze the correspondence between the principles of Imami (Ja‘fari) jurisprudence and its legal treatment in Iran’s criminal laws, particularly the Islamic Penal Code. The study seeks to demonstrate how jurisprudential foundations have influenced the conceptualization and identification of moharebeh in the process of drafting criminal legislation.
Method: This research adopts a library-based (documentary) method. The analysis is conducted through the examination of Qur’anic verses, hadith sources, classical texts of Imami jurisprudence, and the criminal laws of Iran across three legislative periods: the Law of Hudud and Qisas and Its Regulations (1982), the Islamic Penal Code (1991), and the Islamic Penal Code (2013).
Results: The study indicates that the concept of moharebeh originates from verse 33 of Surah al-Ma’idah and, within Imami jurisprudence, is defined as a crime that threatens public security. An examination of the historical evolution of legislation shows that, in certain periods, the legislator has deviated from the original Qur’anic meaning of moharebeh and expanded its scope. In some instances, such expansion appears inconsistent with the principle of strict interpretation applied to hudud crimes. Nevertheless, the findings also reveal that Imami jurisprudence has played a significant role in shaping the legal provisions related to moharebeh within Iran’s criminal justice system.
Conclusion: The results suggest that although moharebeh has clear Qur’anic origins, various interpretations have emerged during the legislative process in Iran. In certain periods, the expansion of its legal scope has extended beyond traditional jurisprudential foundations, creating a degree of divergence from its precise Qur’anic and juristic meaning. Despite this, the influence of Imami jurisprudence on the overall framework of criminalizing moharebeh in Iranian criminal law remains evident.
کلیدواژهها English
