نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Today, in every Islamic country, non-Muslims with different beliefs are present and live alongside Muslims. Statistics show that committing crimes by non-Muslim criminals is common. The collection of criminal rulings in Islamic jurisprudence schools and the examination of the foundations of these rulings can be a useful policy for Islamic legislators in approving non-Muslim criminal laws. Therefore, a comparative study of jurisprudence regarding non-Muslim crimes (Punishment stipulated in Shariah) in Islamic society seems necessary. Crimes for which the amount of punishment is determined in Islamic Sharia are stipulated Punishment: Qazf (i.e., accusing unjustly someone of doing adultery and/or sodomy), drinking alcoholic drinks, adultery, theft, and Muharebeh (going to war with the Islamic government governing the country you reside in) are considered by Islamic jurists. Islamic jurists have considered the criminal laws of Muslims and non-Muslims to be different in some punishments. With the changing interpretations of the territory of Islamic countries, the emergence of new concepts of government, nation, citizenship, international laws and the participation of non-Muslims in the defense of the Islamic country, it seems to have ended: the subjectivity of the contract with Zimmis and payment of jizya and the difference in the legal and criminal system due to the belief of the criminal person. The commands of the Quran in the establishment of social justice require equal execution of criminal sentences on Muslims and non-Muslims. It can be said that Muslim and non-Muslim criminals are punished in the same way for committing the crimes of Qazf, adultery, theft, and fighting (Muharebeh going to war with the Islamic government governing the country you reside in). In the crime of drinking alcohol, due to non-Muslims' lack of belief in the sanctity of this article, a limited punishment will be implemented only if they pretend to commit the crime. This research, while examining the opinions of the jurists of the seven Imamiyyah, Hanafiyyah, Zaydiyyah, Malikiyyah, Shafi'iyyah, Hanbaliyyah and Zahiriyyah, shows in a descriptive and analytical way that the criminal's religion and beliefs are not effective in the implementation of punishment.
کلیدواژهها English
