خلاصة:
Prevention of crime, deviations, and social abnormalities is among the important topics in criminal sciences and has been specifically discussed by social science scholars and criminologists in recent decades. A review of jurisprudential sources shows that this important issue is one of the topics that, although not separately, has been extensively attended to by jurists within the layers of jurisprudential discussions. Jurists have extensively used the term 'Daf' al-Munkar' (repelling denied matters) in their discussions and arguments to prove a ruling with a preventive nature, such that 'Daf' al-Munkar' can be accepted as an idiomatic jurisprudential rule. In this article, an attempt has been made to discuss and examine the nature and jurisprudential documents of this rule. The research findings indicate that this rule possesses important and valid rational and traditional foundations; although it cannot be considered among the explicitly stated (mansus) rules, it is defensible as an idiomatic rule. Members of society, especially the Islamic government, can rely on this rule to combat many precursors to sin and backgrounds of crime, and their preventive actions can be considered legitimate.
ملخص الجهاز:
Analysis of the Nature and Jurisprudential Foundations of the Rule of Repelling Evil (Daf' al-Munkar) 1 Mohammad Amin Rezaei PhD in Criminal Law - Al-Mustafa International University Mohammad Ali Haji Deh Abadi Associate Professor and Head of the Department of Law, Higher Education of Human Sciences Abstract: Prevention of crime, deviations, and social abnormalities is among the important topics in criminal sciences and has been specifically discussed by social scientists and criminologists in recent decades.
Other differences have also been stated between these two titles, such as the fact that forbidding evil refers to the second person, meaning the prohibition of others from the continuation of munkar, while daf' al-munkar also includes the person themselves, or in the obligation of repelling munkar, many conditions of religious duty (taklif) are considered ignored; therefore, some jurists have explicitly stated that if the official and the actual perpetrator is not a sinner, but in reality, their work is among the instances of munkar and the Legislator (al-Shari') is not pleased with that act, then a preventive action is permissible under the category of daf' al-munkar.
It has been said that under the category of daf' al-munkar, prohibiting this action is permissible and even necessary, or while emphasizing the non-obligation of commanding good and forbidding evil regarding the insane and children, even if they are discerning adolescents, it simultaneously considers the prevention of the realization of munkar in these cases to be obligatory (cf.
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