چکیده:
Insulting religious sanctities in the Iranian legal system has been criminalized by the legislator in the Press Law (Article 26), the Islamic Penal Code in the Ta'zirat section (Article 513), and more specifically, in Articles 262 and 263 (passed on 2013/04/21) of this same law. Two instances, 'qadhf' (slander) and 'insult,' for the cursing of the Prophet of Islam (PBUH), refer to any speech or writing that involves diminishing or weakening the spiritual status of the honored Prophet of Islam (PBUH) in the Islamic community or other societies, in such a way that the order and stability governing the Islamic society is disrupted from the dimension of religious sanctities and respects, and the religious and psychological security of Muslims and believers in the infallibility and high status of the Prophet (PBUH) is compromised. Such precision and explanation of the concept of religious sanctities, by pointing to its most glorious instances and considering the view of Imam Khomeini (RA)—who held that the realization and consolidation of national security is contingent upon religiosity, spirituality, and the sovereignty of religious values in the public sphere of Islamic society (the positive aspect)—as well as taking into account the theoretical views of the Supreme Leader (may his shadow endure), who noted that enemies, by attacking Islamic (religious) sanctities, especially by insulting the lofty status of the Holy Prophet (PBUH), seek to weaken and extinguish the religious sentiments of younger generations in the Islamic world (and even more so in the identity of Iran's religious society) (the negative aspect), can provide a theoretical foundation and conceptual framework, both from the perspective of Islamic criminal jurisprudence and the domestic criminalization by the Iranian legislator, and from an external and international perspective, by examining the strategy of the enemies of the Islamic Revolution in systematically and hierarchically insulting the beliefs and religious sanctities of Muslims.
خلاصه ماشینی:
On the other hand, in the legal system of Iran, insulting the religion of Islam and its sanctities has been criminalized in Article 26 of the Press Law (passed in 1985 with subsequent amendments and additions); although no specific examples of sanctities have been stated, and also in Article 513 of the Islamic Penal Code, the legislator has referred to the punishment and penalty for Sabb al-Nabi and has stipulated that "anyone who insults the sanctities of Islam, or any of the great prophets, or the pure Imams (AS), or the Holy Siddiqah (SA), if they fall under the ruling of Sabb al-Nabi, shall be executed...
In conclusion, considering the necessity and critical position of security in Shiite jurisprudence and consequently in the system of the Islamic Republic of Iran, and also taking into account the new approach to the concept of security, within which ; every political system is able to guard and protect its vital and ideological goals at national and transnational levels, insulting religious sanctities can be considered a threat to national security; because national and ideological values and ideals are the highest and most important targets of the enemy so that through this way - especially in the Islamic system of Iran - the religious and cultural identity of the members of society is subjected to defamation and becomes a target of insult and desecration.
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