نوع مقاله : مقاله ترویجی
موضوعات
عنوان مقاله English
نویسندگان English
Implementation of moharebeh punishments is one of the basic challenges of today, especially in the world arena. Moharebeh, along with other divine limits, has severe punishments, which today, due to the expansion of social networks and media, and on the other hand, continuous negative propaganda against the precepts of the Islamic religion, the investigation of the various aspects of these attacks and especially the effects of the execution of punishment It makes it necessary to provide the correct solutions. Cases such as considering these types of punishments as torture and against human rights are among the most important objections and challenges. On the other hand, considering the optionality of these punishments in the Islamic Penal Code approved in 2013, it can be said that determining the punishment appropriate to the crime committed is very important and the role of judges in this matter is very decisive, so, The discretion of judges in choosing the type of punishment is not a license to choose the wrong punishment, considering their irreversible nature. Therefore, it seems necessary to identify the criteria and standards of judges in determining one of the punishments of mohareb for mohareb, as well as the correct explanation of jurisprudence and legal rules as a response to these challenges. In this research, the authors tried to answer the domestic and international questions, ambiguities and objections, based on library sources, in a descriptive-analytical form, fundamental solutions in this field are also proposed and explained.
کلیدواژهها English