Download A Study on the Offence of Insult at Prophet on the Basis of Islamic

Special
March
Issue
2016
INTERNATIONAL JOURNAL OF HUMANITIES AND
CULTURAL STUDIES ISSN 2356-5926
A Study on the Offence of Insult at Prophet on the Basis of Islamic
Jurisprudence and the New Islamic Penal Code
1
Zeinab Pishbin1, Qanbar Darvishi1
Department of Law, College of Law, Bandar Abbas Branch, Islamic Azad University,
Bandar Abbas, Iran
Email: [email protected]
Abstract
A religious screed is a word that the legislator has mentioned it in article 513 of Islamic penal
law and has criminalized incubation to it. The crime which is categorized among religious
crimes, should be recognized so exactly, and that could not be done unless the limitation
between religious sacredness and other sacredness is clearly defined so that gamily can be
differed from ungainly. But unfortunately, our legislator with general definition of religious
sacredes, not only has not provided clear definition of this phrase, but also has made its
application too hard for judges and legal directors. However, jurisprudential recourses can be
useful in legal ambigueness, but it is not possible for all applicants. And also the unclear
dimensions of this kind of crime should be transparent so that judicial applicants may issue
suitable verdict ions and judgments by complementary domination on general and specific
elements of this crime. Therefore, the conceptual extension of religious screeds is still
unclear. while this crime is not committed morally by commission of actus Reusand needs
specific men's reus , also this type of crime might be committed in syber spaces and the
punishment method of this crime is explained in constitutional law and imammiyeh
jurisprudence nevertheless. The clear examination of insulation to religious sacredness and
the clarification of its gloomy dimensions in Iranian laws notably Islamic penal code, modern
bill of Islamic penal code, the press code, cyber crimes code, and also imammiyeh
jurisprudence stable in this way can definitely be stable foundation in simple analysis of this
crime disregarding to unfundamental interpretations due to legal ambiguousness.
Keywords: Curse to Islam Prophet, Curse attended zahra, Curse infallible, Curse,
Sacredes.
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Introduction
Isolation considered as one crime against
Person spiritual credit and reputation disdain is one general crime that predicted in the 939rd
article. Disdain has several aspect. But some of their aspects are very important and
separately predicted as one special crime Ghazaf crime is include intentional crime and is
disdain, Fatemeh (article 262), disdain to 3 head of forces and government employment (840)
disdain, bie distribution (924) .
Disdain to prophet is one of contractual crime that show in Islamic law
So we should refer to common referent especially narrative of prophet.
Ruler predicted execution penalty for this crime. But it don't offer explanation for this crime.
262rd article is documented to this crime and extend domain of this crime to cases such as
Islamic holly shrine, disdain to Aemeh, disdain to hazrate Zahra and these cases don't explain
in the fiqh books. And it is due to this new issue. So this discussion need to more think and
Seb means abusive and curse with written words and if someone say bad thing to someone
(jafari Langroodi 1986). Seb is one of anti- credit crime and perpetrator called Masboob. Seb
is one of Iza aspect and it is very huge crime. They say Seb is disdain. But is synonym with
oral or written disdain. (Zeraat 1990). But we pointed to prophet disdain. We should
evaluated below cases:
1) Common aspect between disdain to prophet and simple disdain.
2) Difference between them.
3) Disdain to prophet extend.
Common aspect between prophet disdain and simple disdain
It seems there are some regulation about disdain to prophet. For example we should evaluated
time and place of Seb. And council issued one statement about it: disdain and curse means
applying words or committed crime or some action that don't considered time and place
situation that weak them. Another similarity between them is that their material aspects
between them is same and Subolnabi realized by that word that are in common tense.
Differences between disdain to prophet and disdain
Disdain to prophet have some similarity to simple disdain, but have some differences such as
in possible that disdain to everybody, since in the other side Mohammad prophet disdained.
So this kind of crime is special. Another difference is that come in the 264rd article. And this
is very significant differences and there is no clear purpose about their intention.
This crime need to public and special misintention which is weaken others.
But we can say about prophet that even if there is not such misintention, Subolnabi crime
realized.
Disdain to prophet extend
There is no clear word about that this disdain is in special words or include any disdain or
curse. And faghih say Ahkam and penalties them and they don’t determine disdain words and
we think to 2 probabilities.
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Taziri crime
The ruler say from 262rd article that Subolnabi crime include Taziri crimes, but it is possible
that prophet disdain is in Ghazaf frame work and in this situation we don't know exactly
whether it has other commands or not? It seems this penalty is killing.
Since Ghazaf penalty is 80 flagellum and Subolnabi penalty is execution and we cannot say
since disdain to prophet is in simple world has execution penalty but if it will be in the bad
words frame it condemn to 80 flagellum. Secondly Ghazaf include personal crime and it's
follow ship need to claimant claim and it penalty removed by for givens. Science in the
disdain to prophet the is no special claimant or court not remove it's penalty. Thirstily
common extend determine in figh books.
Evaluating figh bases of disdain to prophet
First article: disdain to prophet command
Imamiyeh Jurisprudence believed every one see someone else disdain to other, should killed
him if don’t feared of credit or his body it seems there is no problem between fagih and some
of them accept it. The first martiyard sad: ((Insulator to prophet should killed and it's blood is
Halal but if it will be with delay it will be include tazir. It mean we should immediately killed
such person and don’t awaited for court command.
Command for Aemeh and Zahra disdain
Imamiyeh jurisprudence say disdain to one of Imams means prophet disdain: prophet
say: everyone curse to Ali is like curse to me Abdollah Ebne Soleiman Ameri said: Don’t kill
insulator if you fear they kill you. Sunni fagih say prophet disdain has Tazir. (study 513rd
article of Islamic penalty law). Crime legal aspect: everyone disdain to Islam hollyshoime or
one of Anbia or Fatemeh should include Subolnabi command to jail more than 5 years.
Crime spiritual aspect: this crime include international crimes and crime international
include crime recognition due to illegality of crime and insolation crime and we should
familiar with to insulator. So ignorance base on mistake and disdain them don’t include crime
and any uncertainty about recognize science and intention is include condemn for givens.
The concept of Subolnabi in Article 513 of the Penal Code: First to get the legal concept
of Subolnabi was referred to the old Article 513 of the IPC, which says: Anyone sanctities of
Islam or any of the great prophets or Taherin Imams or Imam Sedigeh Tahereh offended, if
Subolnabi is subject to execution unknown and otherwise to imprisonment of one to five
years will be sentenced Crime (Subolnabi) is one of the crimes in Islamic criminal law is
contract and legislators to follow the hadiths of the Prophet and the infallible Imams has
predicted the death penalty for this crime.
Subolnabi Taziri crime: Article 513 of the Islamic Penal Code of 1996 is such a law,
punishable by prison sentences considered as part of Subolnabi and As a result, the general
rules applicable Tazirat on the crime refers here to a few sentences: In terms of evidence, the
court is not limited in any way and can detect crime, But that effort has been seen in some
religious books sole means of proving this crime in the way of evidence for accusing the two
witnesses and acknowledged: "There is no doubt that the offense Subolnabi with the
testimony of two just men proved Binet as for the confession to be said that with a verifiable
confession, although one theory is that acknowledgment is fixed twice".
Subolnabi barriers in the Islamic punishment laws 2013
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Fulfill the intent requirement is Seb infallible in style. So when accused of insulting claims
that his statements or omissions or mistakes reluctantly or drunk or angry or elevated
language or no attention to the meanings of words or quotes from others is or that does not
insult his meaning, Saab is not, and his claim is heard. A case in point is Article 263 of the
2013 Islamic punishment laws. It should be noted that as drunk and insulting the prophet is
reluctant obstacles which, due to their different Subolnabi, here we have refrained from
expressing it.
Conclusion
Without a doubt one of the most sacred dignity of the individual and beyond his ethics,
society. An important aspect reinforces that human dignity is sacred and absolute patterns
that humans believe it is and accordingly respect for religions and sanctities of peoples, asked
one supplementary Declaration of Human Rights and the International Covenant on Social
and Political Rights. To avoid sacrilege and sub prophet in Islamic jurisprudence rules, such
as: General provisions of rule of law "insulting the sanctity of religion is respected," saying
that anything and everything in Islam, respected and in religion is valuable and time, it is not
permissible rape and humiliation and insult to it is forbidden. As well as other rules by the
names of "flouting the rules respected" "no respect" for maintaining and honoring the
esteemed honor come. This is because, rational, exclusive to followers of a particular religion
and the universality of the great minds of the vast number of human and wit, respect, what is
honorable in the eyes of Molly and her lover, requires insult to denounce it counts. Arms in
the history of Islamic thought was open to all critics, but the difference between insulting and
offensive to review generosity from the ground up to the sky dignity and on freedom of
expression and opinion should be said that although the roots of conscience, but it has
boundaries and their conscience on the border of non-aggression to others and recognize their
dignity, And God that all human rights to be what he is in favor of human and natural
revelation God has forbidden a man of rape and reputations of others, the issue is quite clear
and is prescribed by Islamic law and human life during and after his death continues. Islam,
something that is inherently pure and holy soul of each fault and the sanctity of Islam to all
Muslims of the area is proven. Such as angels, spirit man, the Word of God, the holy place,
the holy Quran, the Kaaba, Mecca, the Grand Mosque, Masjid Al Nabawi, etc. and it should
be noted that the diagnosis is sanctities of Islam by jurists and customs. Blasphemy takes
many forms and occurs in cyberspace and it shall be punished in instances of criminal
offenses of cybercrime laws in the list referred to in paragraph 1 and paragraph 5 identify
instances in which criminal law has referred to the press law and penal code in 1996 and a
new resolution while below this point it is not the blasphemy of Islam most of the crime of
blasphemy and thus insult the Prophet in the press. Subolnabi is an example of blasphemy a
crime but because it is, punishment for which is intended and the sentence, one of the
precepts of Islamic issue. For the first time since the 2013 Islamic Revolution, the Islamic
penal code as Subolnabi independently and in the legal limits and certain conditions on the
execution of the duties of a Muslim ruler is that legislative attention to this pervasive crime
shows. shia jurists, the word prophet is not exclusive to the Prophet of Islam, but insults to
the prophets and Imams and Hazrat Zahra Subolnabi also considered examples of the crime.
Sunni jurists, cursing the infidels and apostates know Imam of the Prophet's Companions
substation and the infallible Imams considered worthy of punishment. According to
regulations, sentence and its execution must only be by a competent court and in accordance
with the law (Article 36 of the constitution) and if someone because of Subolnabi, exiles and
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exiles killed her murderer must prove in court. The offense of intentional crimes. So the
knowledge of criminal intent to commit a crime committed by the illegitimate and illegal act
of insulting and offensive awareness and discuss the specific intention of insulting religious
sanctities and Subolnabi, the condition is. Saab al-Nabi barriers in Article 263 of the Islamic
Penal Code 2013 contains a statement reluctantly, neglect, negligence, or in a state of
drunkenness or anger or elevated language or no attention to the meanings of words or quotes
from others. Any insult to the Holy Prophet as Subolnabi and subject to the death penalty and
the criminal, not the specific form of the word, but also diagnose what criterion here
(insulting the prophet), is the realization insulting to the Prophet or Imams. According to
Shiite scholars Subolnabi sentence is death; but such consensus cannot be seen among Sunni
scholars. Although many scholars agree with them the same sentence, but some of them
repented and default penalties after the presentation of Subolnabi to him, it is considered
murder. Sunni shrine generally Saab and Subolnabi under discussion raised heresy to heresy.
But the blasphemy law enforcement about the offenders disagree. However, the crime of
insulting the Prophet and the Imams, Shiite jurisprudents believe that insults the listener (not
everyone), without the permission of the judge may impose penalties against the offenders.
Although Ayatollah Golpayegani also like to jurisprudents Shiite death sentence on the
necessity of Subolnabi accepted but also reminding the necessary the current status of the
Muslim community, the sentence the murder of Subolnabi not permitted by the faithful.
Because it allows penalty except the Islamic ruling, in whole or in part, led to chaos and
disorder in the era of Islamic government is formed, In particular, provisions recognizing this
crime is often out of the ordinary people and legislators in the new law on the opinion and to
this end the crime that the punishment contrary to Article 514 of the old Act. And because of
the sensitivity of the offense and sentencing proceedings to the judge and the competent
authority has established. This view is in contradiction with the obligation sweep for the
public good and forbid evil because if the sweep and forbidding the evil in "onyx" or
"murder". Many Emamyeh jurists, on the assumption Jameolsharayt priest's permission and if
the sweep and forbidding evil considered necessary to "kill" the other will remain a place for
it. Because the "goal" of enjoining good and forbidding wrong, leaving it about the action
that is prohibited or conditions, including the "likely impact" is. And the assumption of
murder, two of the "purpose" and "impact condition" is canceled here is what comes to mind
is that judgments about the time that the Muslim ruler is powerless and expansion Because
allowing people to implement provisions are incompatible with the rule, since such a power
is necessary to create chaos and to paralyze the government and detecting this crime
provisions, such as apostasy, often headed by people outside.
Suggestion
Finally we should considered carefully this aspect of this extra- national crime due to this
crime comparisoned of different aspects and crime of disdain to prophet in the past law in
Islamic penalty law new law. And different aspect of its apply law is in the law and is not
include all prophets and also public figh opinions include in the penalty. And the pay more
attention to Islamic countries and issued common law that have qualification to this crime
that is related to all Islamic countries and it is common to all countries. And all countries like
Iran have this qualification to inhibit crime or disdain.
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