The study of religious prudence and legalbasies of Baghy
Subject Areas : Nameh Elahiyat
Sayyid Muhammad Musawi Bujnurdi
1
(
Professor of Islamic Azad University, North Tehran Branch
)
Ensiyah Asim Nakhjawani
2
(
Graduated Master of jurisprudence and jurisprudence, Islamic Azad University, North Tehran Branch
)
Keywords: Baghy, Political crime, Exit commands of Islamic government, apostasy,
Abstract :
Material element of political offenses is that it doesn't include bad intention but includes misunderstanding. Baghy means injustice, in Islam Sharia can be counted as a political crime and material element of public crime is bad intention while the however in political crime the material element is not bad intention, it is misunderstanding and the doer thinks that he/she is serving the community but it is just a misunderstanding. Shia grate jurists usually call Baghi the one who has exit commands of justice Emam of the time. But we expand this interpretation, and in addition we say that the one who exit Islamic government commands (including mentioned conditions) doesn't include material element which is bad intention but it includes misunderstanding. Punishment for Baghy: Some people believe it is amongst Hodoud punishments and some other opposes this belief. According to what Islam and social justice believes, government should treat the benignantly, led him/her and guide him to understand his/her mistakes. As it has been mentioned he/her doesn't have bad intention he/she has just misunderstanding.
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