analysis of Baqie in Ala vi view and the 1392 Iranian penal code

Document Type : Research Article

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Abstract

Armed revolt against Imam and his general or special representatives and fighting against Islamic state called Baqy. This conduct along with its antecedent in Islamic criminal law recently with the enactment of Iranian new penal code entered to the list of criminal conducts. So to understand the criminalization basis of that we should view the holy Quran and Islamic procedure especially in the Alavi procedure of Shiite. As in the short period of Imam Ali’s governing some rebellion groups (Nakesin, Ghasetin, Mareghin) raised against his government, the most important procedure could be find on Imam Ali attitude toward them. Iranian 2013 legislator recognized Baqy as a crime against security to follow this procedure and imposed Haad sanction to punish the perpetrator. Of course not exactly consistent with Alavi procedure as this article described. 

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