نوع مقاله : مقاله پژوهشی
عنوان مقاله [English]
Jurisconsults of Islamic sects from long time ago commented on Territorial principle of crime and punishment and they believe that performing the punishment is depends on Velayat. Although all sects believe on Velayat of Islamic Ummah for establishing an Islamic government, but Abu Hanifah and Abu Yousof with denying Velayat of Islamic government on Dar al-Kofr for punishing criminals of profanity land, though they were Muslims, they didn’t allow Islamic punishments for them. Nevertheless other Sonni Jurisconsults allowed to punish a criminal who crimes in a profanity land, but Imamiyah Jurisconsults believe punishment is depends on Islamic government and power. Some of Imamiyah Jurisconsults believe that because we are in Qeibat Era (occultation) this punishment no longer practically contemplated, and a group of them allow the punishment because profanity lands are unsecure and its performing is no longer contemplated. About those who allow the punishment also they practically didn’t contemplated it because they believed they haven’t power on profanity lands. But they believed criminals are worthy for Shar’ee punishments that among these ideas the idea of Abu Hanifah with Realistic view became discussed.