Qadf: Reviewing Muhaqeq Ardabili's Viewpoints and its Application to Islamic Penal Code of 2013

Subject Areas : All jurisprudential issues

fateme koohmishi ¹ , mansour amirzadeh jirkoli ² , hosain saberi ³

1 - Ph.D. student of jurisprudence and principles of Islamic law, Torbat Heydarieh Branch, Islamic Azad University, Torbat Heydarieh, Iran.
2 - assistant professor at Faculty of Theology (Jurisprudence and Principles of Islamic Law), Islamic Azad University, Torbat-e Heydarieh Branch
3 - Professor at Department of jurisprudence and principles of Islamic law, Ferdowsi University of Mashhad, Iran

Received: 2021-07-14 Accepted : 2021-12-13 Published : 2022-06-22

Keywords: the Islamic Penal Code, Muhaqeq Ardabili, Qadf,

Abstract :

One of the most important crimes against peoples' spiritual personalities is qadf (accusation of adultery or sodomy to a person) upon which there is a controversy among scholars in its related rulings. The majority of Imamiyah Jurisprudents considered it to be a crime confined to the words, while some scholars such as Ardabili consider it beyond the words. Seemingly, Ardabili's viewpoints include the contemporary methods and the article 246 of the Islamic Penal Code is adaptable to Ardabili's standpoint. Deploying an analytical-descriptive method, the current research is carried out. Having investigated the concept of qadf and having proposed the scholars' popular opinions, the researchers reviewed Ardabili's viewpoint to investigate issues of qadf the researchers try to know that what is Ardabili's viewpoint controversy to the majority of scholars' and how much is the Islamic Penal code applicable to Ardabili's viewpoint? The findings of the research reveal that although the law-maker has followed the majority of Imamoyah scholar's opinions, it has approved Ardabili's viewpoint in some issues such as the method of attributing qadf.