چکیده:
Regarding the implementation or non-implementation of Hudud in the age of absenteeism, there are views such as permissibility, nonpermissibility, and those who believe in detail and cessation, the acceptance of each of them will affect the relevant laws. The current research is based on the acceptance of the opposition's point of view (not accepting the implementation of Hudud in the age of occultation). Based on this, the current research has sought to answer the question through analytical-descriptive method and using library sources that what changes will be made in criminal laws and regulations if the theory of prohibiting Hudud in the age of occultation is accepted? The findings of this research show that with the closure of the borders in the age of occultation, there were changes in the field of the rule of prohibition of retrial, the change of the rules related to the retrogression of the criminal laws, the way of avoiding the previous punishment, mitigation, postponement, suspension, semi-liberty system and Probation, applying statute of limitations in Hudud punishment, change in the frequency and repetition of crimes, evidence of proof in crimes subject to Hudud, Deputy in crimes, seniority, reduction of the penalty of repentance and pardon.
خلاصه ماشینی:
The findings of this research indicate that with the suspension of Hudud in the Age of Occultation, significant changes will arise in criminal laws, including the rule against double jeopardy, the rule of non-retroactivity of criminal laws, the method of calculating previous punishments, mitigation, postponement, suspension of sentencing, the semi-liberty and parole systems, liberty under electronic monitoring systems, the application of statutes of limitations, recidivism and repetition of crimes, evidence in crimes, complicity in crimes, leadership (masterminding), and the falling of punishment through repentance and pardon; furthermore, the accepted rules of Ta'zir crimes will also be applied to Hudud.
The view of proponents of establishing Hadd during the Age of Occultation Among the famous jurists who believe in the implementation of Hudud during the Age of Occultation, one can mention people such as Sheikh Mufid,9 Sheikh Tusi in some of his books, Allamah Hilli, Abu Salah al-Halabi and Sallar Dilami, Shahid Awwal,10 Sahib al-Jawahir,11 Ayatollah Borujerdi,12 Ayatollah Khoei,13 and Imam Khomeini, may Allah have mercy on him,14.
Hasan bin Yusuf Allamah Hilli, Muntaha al-Matlab, Vol. 2 (Qom: Islamic Publication Institute, 1412 AH), 445.
" At the beginning of Article 57 of the Islamic Penal Code and its note, it is stated "in Ta'ziri crimes"; therefore, this system is applied to crimes subject to Ta'zir, which, with the acceptance of the theory of the suspension of Hudud during the era of Occultation, this system can also be implemented regarding Hudud.
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