Stealing from Hirz and the Likes of Such Cases in Imamiyah Jurisprudence and Statutory Law

Shiite scholars are unanimous about the conditionality of “stealing from hirz” (lit. protected or secured places) to implement the punishment prescribed for theft. However, considering the purport of transmitted traditions in this regard, there is a discrepancy among scholars as to how stealing from hirz may take place and what could be the way to ascertain the manifestations of this crime (stealing from secured places .)
In this analytical –descriptive study conducted with reliance on the existinglegal and jurisprudential literature (books and articles) to criticize and analyze outstanding jurisprudential views with a view to the reported narrations, several contended criteria have been identified and restudied revealing the fact that the manifest ations of stealing from hirz are much more extensive than those pointed out and referred to by the jurisprudents .
As well, referring to the articles of Islamic penal law (passed in 2013), keeping in view the legal cases in connection with the new amendments in the law, it has been concluded that the widely -held and well-known opinion and adopted view of this article adapt to the criterion accepted by the legislator but the legislator’s view is utterly different and assessed as a third view in line with the view of some other jurisprudents.