نوع مقاله : پژوهشی (داوری عادی)
1 استاد تمام فقه و مبانی حقوق اسلامی دانشگاه سیستان و بلوچستان
2 دانشجوی دکتری فقه و مبانی حقوق اسلامی دانشگاه سیستان و بلوچستان
عنوان مقاله [English]
As ratification of new laws and regulations really needs refinement and expurgation and as the necessity of analyzing such laws is crystal clear, the resent paper is to level a fundamental criticism on the penal rule of declaring war against God (mohārebeh) and corruption on the earth (ifsade filardh). The main question of this research is that why the criminal acts of declaring war against God and corruption on the earth have been mentioned as two separate criminal subjects? The research hypothesis is created based on the Fourth Principal of Constitution of the Islamic Republic of Iran and seems that categorizing these two crimes under the same subject and category lacks reliable reason. Therefore, the existence of Innamā (showing limitation) and wāw (showing linking), the same subject in the word yuhāriboon and yasoon and interpreting this verse for the accused, as well as considering jurisprudents' opinions and concluding the traditions on the issue of mohārebeh all entail that these two issues enjoy the same rule which corresponds the criminal act.