The Analysis of Moharebeh in the Bill of Islamic Penal Code

The Bill of Islamic Penal Code in Hodud consists ofsome changes and innovations including Moharebeh. The article No. 280 (of Bill ofIslamic Penal Code)forms the legal basisof the Moharebeh which in comparison with Islamic Penal Codeapproved in 1370 has some significant differences. In this article, Moharebeh is defined as using a weapon in purpose of threatening people’s life, fortune, honor, or tointimidate them in a way which results to insecurity in the milieu. The definition reveals that according to article basis, Moharebeh in Bill of Islamic Penal Code is subjected to realization of a criminal result whichis creating insecurity. This article in the mental basis differs with article No. 183 (of Bill of Islamic Penal Code). In the article No. 280, a person is called Mohareb not only using a weapon in purpose of intimidation and insecurity creation but also in threatening people’s life, fortune, and honor. This paper tries to analyze the pillars of Moharebeh in Bill as well as investigating legislator’s approach in following the popular quote or unpopular quote.