The Theory of Ta'zir Punishment for the Crime of Apostasy with an Approach to the Quran and Sunnah مقاله

خلاصه ماشینی:

Many scholars have considered rebellion (Bughat) to be among the instances of apostasy, including: The highly esteemed jurist Sheikh Ja'far Kashif al-Ghita, in the book Kashf al-Ghita, in the Book of Jihad, says: "Anyone who rebels against the Infallible Imam (AS), or his special deputy, or his general deputy, and turns away from his command, does not obey his order, and does not refrain from his prohibition, falls under the category of rebels (Bughat); therefore, anyone who opposes him by withholding Zakat or Khums, or by not paying his legal rights, must be fought. 72 In the book al-Ta'zir, it is stated: "From the words of a group of the companions of Allah's pleasure, such as Saduq in al-Muqni', Mufid in al-Muqni'ah, Sayyid in al-Intisar, Daylami in al-Marasim, Sheikh in Khilaf and Nihayah and Mabsuut, Ibn Zuhra in Ghaniyah, Ibn Idris in Sara'ir, Ibn Hamza in Wasilah, Muhaqqiq in Shara'i al-Islam, al-Mukhtasar al-Nafi' and Nukat al-Nihayah and others,72 it is used that Ta'zir is a beating that is lower than Hadd (التعزير هو ضرب دون الحد). Difference between Hadd and Ta'zir The Islamic legislator, as mentioned, has set a specific measure for Hadd punishments, unlike Ta'ziri punishments for which a specific measure has often not been set, and has left the determination of its amount and manner to the responsibility of the ruler of Sharia for each era and period; however, in addition to this difference, these two have their own specific rulings and characteristics, the most important of which in jurisprudential books are as follows: The author of Jawahir says: 1.