Comparison and Comparative Examination of the Principle of Jubb (Acquittance from Previous Obligations) and General Amnesty from the Viewpoint of Jurisprudence and Law
Journal Title: فقه و اصول - Year 2015, Vol 47, Issue 100
Abstract
One of the legal principles for the disbelievers who convert to Islam is the principle of jubb. This principle is the basis of Islamic mercy and clemency for denial of punishment of the disbelievers who welcome Islam. On the other hand, general amnesty is an action taken in order to efface some aspects of the criminal conducts of a perpetrator of crime from the law’s memory. This amnesty is most often granted to those groups of people who perpetrate political crimes. Although these two categories enjoy different types of theoretical literature, there are some similarities between their concepts. Thus, with a descriptive-analytical method and aiming at making a comparison and doing a comparative study of the principle of jubb and general amnesty from various legal and judicial aspects, we have undertaken to study them in three main fields of definitions and concepts, evidences, and dominion. The findings of this research indicate that from the viewpoint of the four logical types, the relation between these two is of “partial inclusion” type.
Authors and Affiliations
Sayyid Ali Ghayour Baghbani, Husayn Saberi
Keywords
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- EP ID EP190092
- DOI 10.22067/fiqh.v47i20.29301
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