نوع مقاله : مقاله پژوهشی
نویسندگان
1 دکتری حقوق کیفری و جرم شناسی، جامعه المصطفی العالمیه، قم، ایران
2 کارشناس ارشد حقوق جزا و جرم شناسی، موسسه آموزش عالی طلوع مهر، قم، ایران (نویسنده مسئول)
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Real competency is one of the four competencies that are discussed in criminal law, that is, if someone commits crimes against the real and vital interests of the country outside the country, he /she is under real competency. It is an emerging issue and has no precedent in Islam. Jurists have not discussed it in jurisprudence books, but in the verses of the Qur'an and the way of the wise and the Shari'a, there are cases that justifying the real competency. This research aims to answer these questions: Is it possible to infer the legitimacy of real competence from verbal evidence such as books and traditions? Can the ruler of Sharia, based on the interests of Islam, establish laws for crimes committed by foreigners abroad? The current research is done in a descriptive-analytical way, and the opinion is that the exercise of real competency is not only not prohibited from the point of view of Sharia, but it is emphasized and approved by the Holy Sharia of Islam, and Muslims are obligated according to their religious duties against any actions that cause the foundation of Islamic sovereignty to be shaken and harm the supreme and vital interests of the country to fight, which is one of those crimes under real competency that endangers the foundation and reality of a country.
کلیدواژهها [English]
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