نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسنده English
The importance of the issue of life and physical health is such that the intellect independently dictates the necessity of caution in actions that can harm it, and the Normative Conduct and Assumptions of the Wise has confirmed this ruling. The ruling spirit of Islamic Sharia, along with reason, pays special attention to observing caution in the blood in the criminal response against criminals. This principle has led Islamic jurists in the chapters of criminal jurisprudence to take a minimalist approach in Issuing fatwas against physical integrity by applying the precautionary basis.
The present article has tried to examine the position of The precautionary principle in blood in Imami jurisprudence with a descriptive-analytical method. The findings of the research show that the principle in question is not a jurisprudential rule based on a single Narrative evidence, nor is it a practical principle based on the mere rule of reason, but its root should be found in the Spirit of Shari'a that both reason and Narrative evidence are based on They indicate its correctness. This principle applies to both corporal punishments against life and organs, and has both positive and negative functions in the criminal realm.
کلیدواژهها English
قرآن کریم
