use of weapons by the police (with emphasis on Islamic jurisprudence)
The use of force to establish order and security using weapons at the beginning is a fundamental conflict between the guarantee of the individual rights of individuals and the rights of the community. Unfortunately, the way out of this conflict in the laws of the subject matter, especially the law of weapons, has not been well explained, and in terms of content in implementation, the executive has always been briefly and ambiguous. Given the influence of the laws of the subject of jurisprudence and the possibility of disobeying the rules by referring to the principles and jurisprudential rules, these teachings can be taken into consideration in order to eliminate ambiguity and transparency.
The present research method is an interpretation with a qualitative approach that the research data is compiled through a semi -structural interview. Research participants, including three groups of university faculty members, level 4 clergymen, and general legal executives, were 42, which continued with targeted sampling, until theoretical saturation, and finally with 16 interviews. And content analysis was used to analyze the data. Research validity based on the three indicators of "reliability", "transmission" and "verification", in the interpretation and analysis of the findings and reliability of the research, the intra -subject agreement index was used in the encoding of two sample interviews and the index is 78 % It was accepted.
Based on the findings of the study, which consisted of 24 basic themes that were organized in the form of 11 organizing themes and 2 comprehensive themes of "necessity" and "justice" in the form of jurisprudential rules.
The results of the study indicate that among the many jurisprudential rules that exist in the religion of Islam, the rules of necessity and justice have the most important place in the use of weapons law, which is the most prominent manifestation of our country's criminal policy on the issue. The international principles governing the use of force by police. Therefore, police officers must always consider the provisions and principles of the aforementioned jurisprudential rules while fully dominating the laws of weapons.
- 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.