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
Related Articles
- EP ID EP190092
- DOI 10.22067/fiqh.v47i20.29301
- Views 111
- Downloads 0
An Inquiry into the Legal-Theological Rule of "Non-Reprimand and Unaccountability of a Person Versus another Person’s Action”
One of the significant legal-theological rule, which has drawn little attention in legal texts, is the rule of “not reprimanding a person for another person’s sin and the unaccountability of the person for other people’s...
An Exploration into the Criterion for Dividing the Jurists into Akhbārī and Uṣūlī
Dividing the jurists into akhbārī (traditionist) and uṣūlī (legal theorist) is the most important division that dichotomizes the Imāmī jurists into two groups. In jurisprudential and legal (uṣūlī) books, there are many i...
Examining the Legal Principles of the Ruling on the Retaliated Punishment (Qiṣāṣ) of Mother for Murdering her Child
Murder is among the most abominable human acts and the most criminal behavior of mankind; in Shī’a jurisprudence, punishment for deliberate murder is qiṣāṣ (retaliated punishment) in general. On the basis of this general...
Examination of the Evidences for the Legitimacy of Buying and Selling Body Organs in Shī‘a Jurisprudence
Following developments in medical sciences and humankind’s acquiring new technologies, which provided using body organs and their products for the treatment of some illnesses, some legal questions were little by little s...
Internet Plagiarism: Liable to Ḥadd or Ta‘zīr?
One of the newly emerged issues in global communications and cyberspace is Internet plagiarism, which due to the lack of a codified law is unfortunately increasing in the number of its perpetrators. On the other hand, we...