چکیده:
The well-known Islamic jurists with adducing to the authentic hadith narrated by abu Basir (Arabic: ابوبصیر) have decided murder for the perpetrator of the unchaste hadd offense at the fourth time and a few of the Islamic jurists with adducing to the authoritative hadith of Yunus ibn Abd al-Rahman (Arabic: یونس بن عبدالرحمن) have issued murder at the third times. The author in this paper has tried to study the Islamic legal rule for the unchaste repeat crimes necessitated ḥadd (Arabic: حد) which its punishment is the execution of the perpetrator and also it has been surveyed the proofs of Imamayeh Fuqaha. From one side, it has been examined the opinion of the grand ayatollah Khuei in Takmelat al-Minhaj (تکمله المنهاج). He believes the differentiation of the decision at the third and forth time between the different instances of these offences. This paper has comprehensively criticized the evidences of the opinions. At the end with the necessity of the careful observing in Islamic legal rulings and emphasizing on the imperfection of the evidences of these three opinions and its obvious conflict and disagreement with the precaution in shedding blood, the article 136 of Islamic penal code (1392) is not valid and has no jurisprudential legality.
خلاصه ماشینی:
Muhaqqiq Ardabili considers the ruling for repeated adultery by a free person, for whom the prescribed punishment (hadd) has been applied three times, to be execution on the fourth occasion; he refers to the opposing view with "it is said" (qila), considers the ruling of execution on the fourth occasion to be the most famous opinion (ra'y al-ashhar), mentions the names of the jurists who hold this view, and also cites their basis, which is the narration of Abu Basir 1 (Muqaddas Ardabili, 1403: 13/87-88).
In the narration of Abu Basir, from Imam Sadiq( it is stated: «محمّد بن عیسی بن عبید عن یونس عن إسحاق بن عمّار عن أبی بصیر قال: قَالَ أَبُو عَبْدِ اللّٰه( : الزَّانِی إِذَا زَنَی یُجْلَدُ ثَلَاثًا وَیُقْتَلُ فِی الرَّابِعَةِ، یَعْنِی إِذَا جُلِدَ ثَلَاثَ مَرَّاتٍ» «یعنی إذا تکرّر الزنا من الحرّ الذی لا یقتل أوّلًا مذکّرًا کان أو مؤنّثًا، فإنّ المراد به، الجنس ثلاثًا وحدّ کلّ مرّة، قتل فی الرابعة، وقیل: لو حدّ مرتین قتل فی الثالثة...
He clearly states the reason for his opinion and wants to say, without complexity, that perpetrators of major sins, according to the report of Yunus from the Imam(, must all be executed upon the third recurrence of the crime, except for adultery; because regarding this crime, the mu'tabara of Abu Basir explicitly mentions the killing of the male and female adulterer on the fourth occurrence.
(
, 
, 
)
