Qavvadi (The offense of soliciting clients for a prostituter): Absolute or Conditional on the outcome?

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Hosseinnejad Seyyed Mojtaba

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Journal Paper

Paper Information

Journal: ISLAMIC LAW AND JURISPRUDENCE STUDIES Year:2018 | Volume:10 | Issue:18 Page(s): 93-132

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Information Journal Paper

Title

Qavvadi (The offense of soliciting clients for a prostituter): Absolute or Conditional on the outcome?

Author(s)

Hosseinnejad Seyyed Mojtaba | Issue Writer Certificate

Keywords

QavvadiQ2

absoluteQ1

conditionalQ1

TabadorQ1

the relationship between commandment and caseQ1

doubtQ1

Abstract

One of the challenging issues in the area of law enforcement is whether it is necessary to admit the Qavvadi conviction in the case of certain outcome or not. In the past, Jurist were on the agreement that there is no hesitation to implement the punishment as the abominable crime of Qavvadi should be subjected to Hadd punishment whether the outcome resulted from or not, while the contemporary Jurist think otherwise and are on agreement that such abominable crime will be subjected to Hadd punishment only if the outcome resulted from. Taking into consideration that there is a consensus on the need to admit that adulterer and adulteress (Qavvad) ought to be condemned to Hadd punishment, the author tried to analyze the narration by Abdullah ibn Senan to prove that this commitment is subject to Hadd punishment. He, then, examined the arguments that can be used as some pieces of evidence to be reasoned on. Reviewing the cases and reasons, it can be concluded that, rationally, it is not meaningful to interpret the mere meaning of a word like community is aggregation by adducing Tabador, due to some reasons including analogy and controversy, instead it can be proved through the relationship between commandment and case that the Hadd punishment will be imposed on the offender if a certain outcome is achieved. But even if this reason is not convincing enough or seems a little hard to accept, the Hadd punishment is not imposed due to the doubt about the truth of a cognition, the principle of Dara, so the Hadd punishment will be failed to apply if the certain outcome is not achieved.

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APA: Copy

Hosseinnejad, Seyyed Mojtaba. (2018). Qavvadi (The offense of soliciting clients for a prostituter): Absolute or Conditional on the outcome?. ISLAMIC LAW AND JURISPRUDENCE STUDIES, 10(18 ), 93-132. SID. https://sid.ir/paper/383658/en

Vancouver: Copy

Hosseinnejad Seyyed Mojtaba. Qavvadi (The offense of soliciting clients for a prostituter): Absolute or Conditional on the outcome?. ISLAMIC LAW AND JURISPRUDENCE STUDIES[Internet]. 2018;10(18 ):93-132. Available from: https://sid.ir/paper/383658/en

IEEE: Copy

Seyyed Mojtaba Hosseinnejad, “Qavvadi (The offense of soliciting clients for a prostituter): Absolute or Conditional on the outcome?,” ISLAMIC LAW AND JURISPRUDENCE STUDIES, vol. 10, no. 18 , pp. 93–132, 2018, [Online]. Available: https://sid.ir/paper/383658/en

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