چکیده:
A look at the sources of Imami jurisprudence shows that the honor, property, and sanctity of non-Muslims who are under the protection of the Islamic society are considered immune from aggression; thus, Muslims do not have the right to launch an attack against them, as they would be held accountable in such a case. The Constitution of the Islamic Republic of Iran, by recognizing Kalimi, Christian, and Zoroastrian individuals as religious minorities, has also recognized certain rights for them. In the Islamic Penal Code of 2013, following jurisprudential standards, the legislator included the death penalty as an aggravating factor for non-Muslims in some Hudud crimes, such as adultery with a Muslim, sodomy, and anal intercourse; regarding alcohol consumption, the Hudud punishment was applied to non-Muslims only in cases of outward pretense, serving as a mitigating factor. Regarding Diya (blood money), with attention to the Leader's opinion, the equality of blood money for non-Muslim minorities and Muslims was maintained. Regarding Ta'zirat (discretionary punishments), no difference was considered between Muslims and non-Muslims except for Riba (usury). Nevertheless, in the field of Qisas (retribution), a new approach aimed at expanding the scope of protected persons (Musta'minin) was pursued, which indicates steps taken towards greater support for non-combatant disbelievers (Kuffar Ghayr Harbi), even those who do not fall within the recognized minorities in the Constitution.
خلاصه ماشینی:
Preserving Human Dignity and Observing the Rights of Non-Muslims in Imami Jurisprudence and Positive Law Touraj Hemmati Farsani 1 Alireza Salimi 2 Seyed Alireza Hosseini 3 Mohammad Hossein Nazemi Ashni 4 Abstract A look at the sources of Imami jurisprudence shows that the honor, property, and sanctity of non-Muslims who are under the protection of the Islamic community are considered immune from infringement; thus, Muslims do not have the right to launch an attack against them, as they would be held accountable in such a case.
Accordingly, the most important sources used in the course of conducting the current thesis are introduced as follows: 1) Amid Zanjani (1983), in a book titled "Rights of Minorities Based on the Law of the Dhimma Contract," completely addresses the category of non-Muslim minorities and their rights according to jurisprudential systems.
4) Rajabi and Baqeri (2015), in an article described as "Citizenship Rights of Religious Minorities from the Perspective of Imami Jurisprudence," introduce and examine the important rights of non-Muslims in Islamic society; the aforementioned authors first mention the definition of minority and religious minority they address.
Given the aforementioned points, what grants novelty to this thesis is the reductionist approach that has been placed on the agenda both in the selection of the topic and in the conduct of the research process; to this end, an effort is made to focus on their rights in the Islamic Penal Code passed in 2013 and jurisprudence, taking into account the breadth of the dimensions included in the status of non-Muslim minorities.
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