Quran, Islamic Jurisprudence and Law

Insolence from the Viewpoint of the Noble Qur’ān and the Iranian Penal Law

Document Type : Original Article

Author

Ali Mohammadi Jourkouye

Assistant Professor of Jurisprudence and Law Department, Research Center for Study of Islamic Culture and Thinking, Member of Association of Islamic Jurisprudence and Law of Seminary School (amg134325@yahoo.com).

Abstract
One of the crimes against Internal security is baghy (insolence), which means withdrawing from obedience to the just ruler. Despite its long history in penal jurisprudence, insolence can be examined from the viewpoint of documents, nature, conditions, punishment, its relation with political crimes, its position in the Iranian penal law, and the rate of its correspondence with Imāmīyya jurisprudence. In this study, qur’ānic verses, interpretive narrations, jurisprudential opinions, and Iranian penal regulations were inspected through a descriptive-analytical approach to determine the discretionary nature of insolence and the punishments of criminal behaviors related to the insurgence of rebels (before and after rebellion), the conditions necessary for insolence realization, the absolute generality and particularity relationship between the political crime and insolence, definition of insolence, principles and punishments of insolence in the Islamic Penal Law, and the stances of the legislator to insolence that agree and disagree with Imāmīyya penal jurisprudence 

Keywords

insolence
political crime
withdrawal
esoteric interpretation
armed group
muḥāriba
Quran, Islamic Jurisprudence and Law
Volume 16, Issue 16
October 2022
Pages 55-80

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