Jurisprudential Analysis of Retaliation in Insulting

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Hemmatian Hadi; Taheri Seyyed Jalil; JAAFARTAYYARI DEHAQANI MOSTAFA

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Journal: Islamic jurisprudence Resaerch Year:2020 | Volume:16 | Issue:3 Page(s): 537-559

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Information Journal Paper

Title

Jurisprudential Analysis of Retaliation in Insulting

Author(s)

Hemmatian Hadi | Taheri Seyyed Jalil | JAAFARTAYYARI DEHAQANI MOSTAFA | Issue Writer Certificate

Keywords

CounterQ1

CurseQ1

Vilification (Sabb)Q1

InsultQ2

Similar ActionQ1

RetaliationQ1

Abstract

Man may face the Insulting of another person and lose his composure. In the meanwhile, he has a sense of revenge and a tendency to retaliate against him. The present study discusses the jurisprudential ruling of Retaliation in Insulting in an ijtihad approach. What has increased the importance of the issue is the scope, the multiplicity of cases, and the explanation of its effects and judicial functions. Despite the importance and the scope of the issue, no independent chapter or title has been found in jurisprudential books; only a few jurisprudents have made a brief reference to it under the title of “ Sabb” . Some scholars, such as Mohaqqiq Ardabili and Mohaqqiq Khoei, after excluding some cases, allowed Similar Action against Insulting person. In contrast, the famous jurisprudents, since they have not excluded the ruling of Retaliation in Insulting from the ruling of Insulting and blasphemy based on itlaq maqami it can be said that they believe in impermissibility. After examining the arguments of both sides, the famous opinion was accepted. A coherent and comprehensive view of the issue, as well as citations to the evidence that has not been considered so far can be considered as the results of the present study.

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APA: Copy

Hemmatian, Hadi, Taheri, Seyyed Jalil, & JAAFARTAYYARI DEHAQANI, MOSTAFA. (2020). Jurisprudential Analysis of Retaliation in Insulting. ISLAMIC JURISPRUDENCE RESEARCH, 16(3 ), 537-559. SID. https://sid.ir/paper/369811/en

Vancouver: Copy

Hemmatian Hadi, Taheri Seyyed Jalil, JAAFARTAYYARI DEHAQANI MOSTAFA. Jurisprudential Analysis of Retaliation in Insulting. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2020;16(3 ):537-559. Available from: https://sid.ir/paper/369811/en

IEEE: Copy

Hadi Hemmatian, Seyyed Jalil Taheri, and MOSTAFA JAAFARTAYYARI DEHAQANI, “Jurisprudential Analysis of Retaliation in Insulting,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 16, no. 3 , pp. 537–559, 2020, [Online]. Available: https://sid.ir/paper/369811/en

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