Analytical Study of Severity to Proving Crimes in Fiqh Imamiyah

Subject Areas : Private law

Soraya Moniri ¹ , Rahim Vakilzadeh ²

1 - Hashtroud Branch, Islamic Azad University, Hashtroud, Iran
2 - Assistant Branch, Tabriz Branch, Islamic Azad University, Tabriz, Iran

Received: 2016-01-02 Accepted : 2016-07-02 Published : 2017-04-21

Keywords: Islamic criminal law, Human generosity, accused, Fiqh Imamiyah,

Abstract :

      In spite of the fact that Islamic Sharia based the foundation of its laws and commandments on political tolerance, it emphasizes the severity in proving crimes and this is benefited as a remedy for supporting the accused and the society. In fact, Islamic Sharia tries, due to this remedy, to use the firmest reasons as positive reasons of crimes in order to, in the one hand, the vice and the ugliness which happen in the society to be hidden and reputation of people that is one of the purposes of Islamic Sharia to be reserved not to be stained and their sanctity no to be easily destroyed and their human generosity is reserved. On the other hand, the spreading corruption and ugliness are prevented in the society. It is because revealing and discovering crimes are accompanied with publishing related news. As a result, if the news about the occurrence of crimes are repeatedly published among people, the greatness of crimes are reduced and indecency and ugliness of crimes are cleared form their minds. As a result, this makes contamination to the crimes easy and simple and this is the most dangerous phenomenon which threatens the security and organization of the society.