Study of Baghy in Jurisprudence of Islamic Schools of Thought and Comparing it to the Islamic Penal Law Act 2013 and the Political Crime Law Act 2015

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VAZIRI MAJID; Mohammadi Bolbanabad Jabbar

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Journal: FIGHE MOQARAN Year:2019 | Volume:6 | Issue:12 Page(s): 231-253

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Information Journal Paper

Title

Study of Baghy in Jurisprudence of Islamic Schools of Thought and Comparing it to the Islamic Penal Law Act 2013 and the Political Crime Law Act 2015

Author(s)

VAZIRI MAJID | Mohammadi Bolbanabad Jabbar | Issue Writer Certificate

Keywords

Baghy

Armed Revolt

Jurisprudence of Islamic Schools of Thought

Islamic Penal Law

Political Crime

Abstract

In Islamic jurisprudence, Baghy is one of discretionary offences (Ta‘ zir), which means armed action against the just imam. In Sunni jurisprudence, this action against an unjust leader can also be an example of Baghy. Although this criminal title has a long history in jurisprudence, but with enactment of Islamic Penal Code in 2013, legislator has criminalized it as a Hudud crime, and under Articles 287 and 288, legislator has recognized Ta‘ zir imprisonment and death penalty for it under specific conditions. This action of the legislator that considers this crime as a Hudud crime, and predicts the death penalty for it, has challenged the nature of the crime and rulings and method of dealing with rebels. The present article seeks to study Baghy in Jurisprudence of Islamic Schools of Thought and comparing it to the Islamic Penal Law Act 2013 and the Political Crime Law Act 2015.

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APA: Copy

VAZIRI, MAJID, & Mohammadi Bolbanabad, Jabbar. (2019). Study of Baghy in Jurisprudence of Islamic Schools of Thought and Comparing it to the Islamic Penal Law Act 2013 and the Political Crime Law Act 2015. FIGHE MOQARAN, 6(12 ), 231-253. SID. https://sid.ir/paper/267014/en

Vancouver: Copy

VAZIRI MAJID, Mohammadi Bolbanabad Jabbar. Study of Baghy in Jurisprudence of Islamic Schools of Thought and Comparing it to the Islamic Penal Law Act 2013 and the Political Crime Law Act 2015. FIGHE MOQARAN[Internet]. 2019;6(12 ):231-253. Available from: https://sid.ir/paper/267014/en

IEEE: Copy

MAJID VAZIRI, and Jabbar Mohammadi Bolbanabad, “Study of Baghy in Jurisprudence of Islamic Schools of Thought and Comparing it to the Islamic Penal Law Act 2013 and the Political Crime Law Act 2015,” FIGHE MOQARAN, vol. 6, no. 12 , pp. 231–253, 2019, [Online]. Available: https://sid.ir/paper/267014/en

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