AN ANALYTICAL AND CRITICAL INVESTIGATION OF THE CONDITION OF USING WEAPONS IN MUHARABA (REBELLION AGAINST GOD) AS A CRIME FROM THE PERSPECTIVE OF COMPARATIVE JURISPRUDENCE

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TAVAKOLI AHMAD REZA; ROSTAMI NAJAFABADI HAMED; HAGHSHENAS MOHAMMAD REZA

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Journal: FIGHE MOQARAN Year:2016 | Volume:3 | Issue:6 Page(s): 55-78

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Title

AN ANALYTICAL AND CRITICAL INVESTIGATION OF THE CONDITION OF USING WEAPONS IN MUHARABA (REBELLION AGAINST GOD) AS A CRIME FROM THE PERSPECTIVE OF COMPARATIVE JURISPRUDENCE

Author(s)

TAVAKOLI AHMAD REZA | ROSTAMI NAJAFABADI HAMED | HAGHSHENAS MOHAMMAD REZA | Issue Writer Certificate

Keywords

SCARING

WEAPON

PUBLIC SECURITY

MUHARABA (REBELLION AGAINST GOD)

CORRUPTION

Abstract

In Imamyya jurisprudence, Muharaba (fighting; hostility) refers to the use of WEAPONs for SCARING people. In Sunni jurisprudence, some define Muharaba as banditry and the creation of insecurity on roads and some others define it as the creation of insecurity, fear, CORRUPTION and murder on earth by WEAPONs, including chemical ones. In Quranic verses on Muharaba as well as in textual arguments by Sunni jurisprudents, there is no statement that makes Muharaba conditional on the use of WEAPONs. There are also references in Islamic Hadiths narrated by Imams that refute the dependence of Muharaba on the use of WEAPONs. Apparently, the main condition for the realization of Muharaba is the presence of force, violence and disturbing the PUBLIC SECURITY. However, there are references to the use of WEAPONs in some arguments, and it is justified as a dominant and obvious instance of Muharaba insofar as it involves violence.

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APA: Copy

TAVAKOLI, AHMAD REZA, ROSTAMI NAJAFABADI, HAMED, & HAGHSHENAS, MOHAMMAD REZA. (2016). AN ANALYTICAL AND CRITICAL INVESTIGATION OF THE CONDITION OF USING WEAPONS IN MUHARABA (REBELLION AGAINST GOD) AS A CRIME FROM THE PERSPECTIVE OF COMPARATIVE JURISPRUDENCE. FIGHE MOQARAN, 3(6 ), 55-78. SID. https://sid.ir/paper/267019/en

Vancouver: Copy

TAVAKOLI AHMAD REZA, ROSTAMI NAJAFABADI HAMED, HAGHSHENAS MOHAMMAD REZA. AN ANALYTICAL AND CRITICAL INVESTIGATION OF THE CONDITION OF USING WEAPONS IN MUHARABA (REBELLION AGAINST GOD) AS A CRIME FROM THE PERSPECTIVE OF COMPARATIVE JURISPRUDENCE. FIGHE MOQARAN[Internet]. 2016;3(6 ):55-78. Available from: https://sid.ir/paper/267019/en

IEEE: Copy

AHMAD REZA TAVAKOLI, HAMED ROSTAMI NAJAFABADI, and MOHAMMAD REZA HAGHSHENAS, “AN ANALYTICAL AND CRITICAL INVESTIGATION OF THE CONDITION OF USING WEAPONS IN MUHARABA (REBELLION AGAINST GOD) AS A CRIME FROM THE PERSPECTIVE OF COMPARATIVE JURISPRUDENCE,” FIGHE MOQARAN, vol. 3, no. 6 , pp. 55–78, 2016, [Online]. Available: https://sid.ir/paper/267019/en

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