A Comparative Study of the Crime of Adultery in the Imamiyya Jurisprudential Texts and Jewish Holy Texts

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isvand mina; rabbani moosaviyan Seyed ali

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Journal Paper

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Journal: Ma`rifat-e Adyan Year:2022 | Volume:13 | Issue:3 Page(s): 65-86

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Information Journal Paper

Title

A Comparative Study of the Crime of Adultery in the Imamiyya Jurisprudential Texts and Jewish Holy Texts

Author(s)

isvand mina | rabbani moosaviyan Seyed ali | Issue Writer Certificate

Keywords

types of adultery

ways to prove adultery

punishments for adultery

Jewish criminal law

Imamiyya jurisprudence.

Abstract

The crime of adultery is considered one of the major sins in the Holy texts of the Jews, the Holy Qur'an and the Imamiyyah narrative and jurisprudential books and carries heavy punishments. I have compared the common points and differences of the crime of adultery in the sources of the two mentioned religions in this research, with a legal approach, using a descriptive-analytical method. This research shows that adultery is one of the crimes against public chastity in the Jewish law and it has different types such as incest, rape, adultery and adultery with a virgin. The same division can be seen in the Imami jurisprudence with the exception of the last case. In the Jewish criminal law, adultery carries severe punishments such as stoning, burning in fire and suffocation, and it is proved by the testimony of witnesses and the law of "suspicion"; and in the Imami religion, this crime has punishments such as killing, stoning, and whipping, and it is proved by confession, evidence, and knowledge of the judge. The religion of Islam, in general, and the school of Imamiyya, in particular, does not have - based on the results of this research - some of the exaggerations and understatements of the Jewish rules, but has chosen a more proportionate and moderate approach in relation to the crime and punishment of adultery.

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