چکیده:
The crime of 'Sabb al-Nabi' (insulting the Prophet) is one of the contractual crimes discussed in Islamic criminal law. Therefore, to become familiar with the rulings of this crime, it is unavoidable to refer to Sharia sources, especially the narrations issued by the Prophet (PBUH) and the Infallible Imams (AS). Following these sources, the legislator has predicted the death penalty for this crime. However, no explanation is provided regarding the general and specific elements of the crime of 'Sabb al-Nabi'. Article 513 of the Islamic Penal Code, which is the basis for the law of the aforementioned crime, has extended the scope of this crime to cases such as insulting the sanctities of Islam, insulting any of the prophets, insulting the Pure Imams (AS), and insulting Lady Fatima (SA); this is while these cases have not even been correctly defined in jurisprudential books. Given the novelty of this crime, which entered the Islamic Penal Code after the Islamic Revolution following the Sharia sources, legal books have not addressed it as deservedly and necessarily as they should. Therefore, discussing the various rulings of the crime of 'Sabb al-Nabi' is one of the neglected topics in criminal law and requires extensive research and investigation. It is hoped that this article will be considered a small step in this field.
خلاصه ماشینی:
Sharia Evidences of Sabb al-Nabi Insulting the Prophet (s) is among the crimes that, although jurists have not counted it among the Hudud, they agree that the perpetrator of this crime must be killed, and their most important evidence is many narrations stated in the books of Hadith, and in passages of the Holy Quran, the Prophet of Islam has also been honored and praised, which implicitly indicates the prohibition of insulting and affronting the Prophet.
" The existence of the honorable Prophet of Islam (s), like the existence of God from the perspective of Islam, is sacred, and if insulting the Prophet (s) were not predicted with a specific criminal title in the law, it would fall under the same general title of "insulting the sanctities of Islam"; but as was mentioned, this crime has a specific title in the law, and the prediction of this title is influenced by many narrations that exist in the books of narrations, and we will refer to some of them in future discussions, and here too, several narrations are stated: Hasan ibn Ali Washah says that I heard Imam Abu al-Hasan (a) saying: "A person during the time of Ja'far ibn Muhammad (a) insulted the Prophet (s); so the governor of Medina gathered the people, and Imam Sadiq (a), who was in a state of illness and wearing a cloak, was among those present.