Jurisprudential Foundations of “ Leniency Regime for Political Offenders”

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Aghaei Hassan; Ahmad Pour Akbar; SOLTANI ABBAS ALI

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Journal: Fiqh va Usul Year:2020 | Volume:52 | Issue:3 (122) Page(s): 9-28

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Title

Jurisprudential Foundations of “ Leniency Regime for Political Offenders”

Author(s)

Aghaei Hassan | Ahmad Pour Akbar | SOLTANI ABBAS ALI | Issue Writer Certificate

Keywords

Political CrimeQ1

RevoltQ2

Leniency RegimeQ1

Corrupt on EarthQ2

Political JurisprudenceQ2

Abstract

The legal approach to Political Crime is rooted in the intellectual developments of the contemporary world. Criminologists have categorized crimes as ordinary and political. Although Political Crimes may lead to the collapse of the political system, jurists have granted them privileges, collectively referred to as the “ Leniency Regime” . Some of the reasons behind such regime are: lack of motivation for personal interests, lack of intention to attack citizens and having benevolent motives. The present article seeks to recognize such differences and benefits based on the rules and principles of Islamic criminal jurisprudence and to explain its proofs and foundations. This research has been compiled through descriptive-analytical method and has reached the conclusion that the Leniency Regime is completely defensible and legitimate. Its proofs are: a number of verses of the Holy Quran; the practical Sunna (conduct) of the holy Prophet (PBUH&H) and Ali (PBUH) towards political opponents; the reason of wisdom; implicative meaning of the principle of correctness; proofs of the necessity of advising the Muslim rulers; the benevolent intent and the temporary nature of a Political Crime.

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APA: Copy

Aghaei, Hassan, Ahmad Pour, Akbar, & SOLTANI, ABBAS ALI. (2020). Jurisprudential Foundations of “ Leniency Regime for Political Offenders”. QURANIC & HADITH STUDIES, 52(3 (122) ), 9-28. SID. https://sid.ir/paper/394812/en

Vancouver: Copy

Aghaei Hassan, Ahmad Pour Akbar, SOLTANI ABBAS ALI. Jurisprudential Foundations of “ Leniency Regime for Political Offenders”. QURANIC & HADITH STUDIES[Internet]. 2020;52(3 (122) ):9-28. Available from: https://sid.ir/paper/394812/en

IEEE: Copy

Hassan Aghaei, Akbar Ahmad Pour, and ABBAS ALI SOLTANI, “Jurisprudential Foundations of “ Leniency Regime for Political Offenders”,” QURANIC & HADITH STUDIES, vol. 52, no. 3 (122) , pp. 9–28, 2020, [Online]. Available: https://sid.ir/paper/394812/en

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