Takfir, from the Islamic Jurisprudential Prohibited Principles to the Necessity of Criminalization

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Asghari Abdolreza; Roostaei Sajjad

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Journal: CRIMINAL LAW DOCTRINES Year:2016 | Volume:- | Issue:11 Page(s): 189-220

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Information Journal Paper

Title

Takfir, from the Islamic Jurisprudential Prohibited Principles to the Necessity of Criminalization

Author(s)

Asghari Abdolreza | Roostaei Sajjad | Issue Writer Certificate

Keywords

TakfirQ1

Takfir forcesQ1

CriminalizationQ1

The necessity of criminalizationQ1

TerroristQ1

Abstract

It is not exaggerated if “ Takfir” is determined as the most important issue in today’ s Islamic world in spite of its inner religious nature, its scope is out of the religious limitation and beliefs and fear of it is extended to non-Islamic countries. For this importance, one of strategies can be considered to overcome this problem is using the criminal law and punishment. Although criminal law is a tool to react against offenders, the anti-human nature of Takfir and its close relationship with terrorism can separate criminal law from its essential principles and be like a tool for the legislator. In spite of this challenge, it is necessary for its Criminalization under the light of its Islamic jurisprudence, it justifies the risk of deviation of the mentioned principles and yet, shows the advantages of applying law to non-legal substitutions. However, the suggested solution to combat and exit from the process of changing Takfir forces to Terrorist ones is creating legal obstacles before their actions and in idiomatic expression, the Criminalization of this phenomena is as obstacle crime, it is the way which has been selected by international documents.

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