The Meaning of revolt concept in Islam and political crime

Abstract:
The concept of political crime is as old as the history of governments. However, .concept of political crime appeared in Europe in recent century. And the badness of political crime has diminished in recent century and so the lawyers try to reduce its punishment. Of course, this new view has had effects in Iran and referred to in the Constitution. While the definition of political crime has been entrusted to common laws, the said laws have not addressed it. . However, due to the significance of this crime, Islamic jurisprudence has given attention to such crimes; crimes which have started from the era of the Prophet. However, one can find similarities between revolt and political crimes. This paper seeks to explain the semantics of revolt and its semantic realm in the Quran as well as in the Islamic Legal System. Large scale researches have been conducted in the area of these two crimes; however in regard to their matching there is no research available. It appears that it is necessary to examine these two crimes in large researches. In spite of importance of this crime, unfortunately the common law dose not enough engage to concept of this crime, but it looks interested that Islamic jurisprudence considering to the crimes that is similar to political crime and this consideration is beginning from prophet age and upper part of Islam, One of theme was khavarage event or baghian. that in whole idea we can understand about similarity between revolt and political crime. In this article we get down to examine in concept of this two crime. Wide spreading probes has been done separately in each of this crimes. in the most of this probes has pointed to similar crime, but it dose not perform a series probe and examination a bout conformity or unconformity of this the two crimes. It seems for doing the duties that constitutional law take its responsible in law theme- that this duty is showing the accuracy and complete meaning of political crime- so because of the principal of our law in Islamic republic must be jurisprudence therefore its necessary that this two crime examine in comparative probe. In the end we should say that even this two crimes have the most similarity but this crimes are independency topic so revolt is according with political crime.
Language:
Persian
Published:
مجله مطالعات روش شناسی دینی, Volume:2 Issue: 4, 2016
Pages:
49 to 65
magiran.com/p1699658  
دانلود و مطالعه متن این مقاله با یکی از روشهای زیر امکان پذیر است:
اشتراک شخصی
با عضویت و پرداخت آنلاین حق اشتراک یک‌ساله به مبلغ 1,390,000ريال می‌توانید 70 عنوان مطلب دانلود کنید!
اشتراک سازمانی
به کتابخانه دانشگاه یا محل کار خود پیشنهاد کنید تا اشتراک سازمانی این پایگاه را برای دسترسی نامحدود همه کاربران به متن مطالب تهیه نمایند!
توجه!
  • حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران می‌شود.
  • پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانه‌های چاپی و دیجیتال را به کاربر نمی‌دهد.
In order to view content subscription is required

Personal subscription
Subscribe magiran.com for 70 € euros via PayPal and download 70 articles during a year.
Organization subscription
Please contact us to subscribe your university or library for unlimited access!