Criteria for fulfilling the ablution and its desecration in the five religions and criminal law of Iran

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Soheila Baybordi ¹ (Department of Theology, Khomein Branch, Islamic Azad University, Khomein, Iran.)
Mahmoud Qayyumzadeh ² (Department of Theology, Saveh Branch, Islamic Azad University, Saveh, Iran.)
Abbas Ali Heydari ³ (Department of Theology, Arak Branch, Islamic Azad University, Arak, Iran.)

Received: 2022-05-09 Accepted : 2022-08-16 Published : 2023-06-22

Keywords: Islamic jurisprudence, criminal law, Theft, amulet, insulting amulet,

Abstract :

One of the conditions of theft subject to hadd is that the stolen property is in the amulet. An amulet is a suitable place where the property of mystics is protected from theft. Therefore, the amulet of property changes according to time and place, and the criterion for distinguishing it is custom. Blasphemy and expulsion of property from amulets are other conditions of theft to the extent that blasphemy, in addition to material blasphemy, includes spiritual blasphemy. Criteria of custom as well as the ability to maintain property in the realization of amulets are discussed. Blasphemy is also carried out according to customary criteria. The emergence of the virtual world is also effective in redefining the amulet and its desecration. The five religions mainly agree on the criteria for performing the ablution and its desecration. In Iranian criminal law, however, the criterion of custom is accepted. This study has found that in general, the criteria for performing the amulet and its desecration are the same in Islamic jurisprudence and Iranian criminal law and is based on customaryness, although in Islamic jurisprudence there are many differences in determining the instances of the amulet.