Jurisprudential and Legal Investigation of the Criminal Aspects of New Mourning

Although there is no disagreement between jurisprudents about the legitimacy of mourning rituals as a God's symbols, but with the passage of time and the differences in customs and the formation of new ways of mourning, the number of these mourning witnessed intense conflict between our jurisprudents. The emergence of these differences, on the one hand, and the special religious and custom sensitivities of this issue, on the other hand, have led some to go beyond this, to speak of the crime of these mourning. Therefore, the authors in this study intend to examine the correctness of new mourning and show whether these acts are criminal offenses under legislative and judicial policy of the Islamic Republic of Iran, as well as the criminal law of the Imamia? The authors believe that the proving of these mourning and the punishment of the perpetrators according to the laws of the Islamic Republic of Iran is a problem and the claimed jurisprudential evidence is not capable of proving this.