Abstract:
'Efsad' with the conjugational verb rhythm of Ef 'al، in Arabic language means to pervert and destroy other people. The term 'efsade-fel-ardh' means to make perversion and corruption on the earth. Great majority of Islamic foqaha (jurisprudents) including both Shia and Sunni have applied this term for 'muharebeen' (those who fight against Islam) and also 'Qotta' ottariq' (high way robbers). In fact، they see no difference between muharebeh (fighting against Islam) and efsade-fel-ardh. In contrast، some foqaha and interpreters believe that the concept of efsade-fel-ardh is more general than that of muharebeh، in a way that muharebeh is only one of the cases، that is، a subbranch of efsade-fel-ardh.Yet، there is more to it، making the discussion even more complex and controversial: some Islamic foqaha who believe that efsade-fel-ardh and muharebeh are (judicially) separated from one another، have not explicitly signified (expressed) a certain punishment for mofsede-fel-ardh.
Machine summary:
Introduction In none of the jurisprudential books has an independent discussion under the title of ifsad fil-ard been conducted; only some Islamic jurists or commentators, both Shia and Sunni, have presented specific crimes under the heading of ifsad fil-ard and considered the death penalty for them.
For example, in jurisprudence, the phrase fasad al-fasad means that the contract became void and was destroyed, and no longer carries any legal effect: A) Afsad in the Terminology of Jurists The discussion of ifsad fil-ard in jurisprudential books, including both Sunni and Shia books, is under the topic of muharabah has been presented, in such a way that the vast majority of Islamic jurists consider ifsad fil-ard to be equivalent to muharabah.
4. Ayatollah Fazel Lankarani, one of the jurists of the present era, says: Verse 32 of Surah al-Ma'idah is used to indicate that all criminal titles deserving of death, such as adultery by a married woman (zina al-muhsana), incest, sodomy punishable by death, as well as crimes whose perpetrators are punished with death on the third or fourth offense, are all instances of corruption in the land (ifsad fil-ard); because the verse has ruled that legitimate killing is only in the case of retaliation (qisas) and ifsad fil-ard.
Ayatollah Makarem Shirazi in two books, Al-Fiqh and Taqrib al-Qur'an says: Any action that is customarily considered an instance of corruption (ifsad) makes the punishment mentioned in the verse permissible for it.
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