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:: Volume 21, Issue 75 And 76 (3-2017) ::
__Judicial Law Views __2012__, 21(__59__): __224169 Back to browse issues page
Juridical Baghi and legal Baghi
Abstract:   (795 Views)
The legislator recognized Baghi as a crime in Islamic Penal Code of 2013 for first time. According to Article 287 of this code, Baghi means armed rebellion against the basis of Islamic Republic of Iran system. Although the Baghi is a new legal topic, it’s a well known subject matter in jurisprudence. the rules regarding to Baghi have been expressed in jurisprudence since a long time ago. Jurisconsults have defined the Baghi as rebellion against innocent Imam and under some conditions have considered it obligatory to fight. This research compares the provisions of Baghi in jurisprudence and penal code and proves that these are two different terms. Actually there are significant differences between the two concepts. The juridical Baghi is related to Jihad and it is not criminalized independently but the legal Baghi is a crime and is punishable by death penalty. Therefore, it is necessary to revise and amend the provisions of the Islamic Penal Code regarding to Baghi based on its jurisprudential principles.
 
Keywords: Baghi, rebel group, armed rebellion, Article 287 of the Islamic Penal Code, Just ruler.
Full-Text [PDF 453 kb]   (244 Downloads)    
Type of Study: Applicable Research | Subject: Criminal Law
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Juridical Baghi and legal Baghi. دیدگاه های حقوقی. 2017; 21 (75 and 76) :143-169
URL: http://jlviews.ir/article-1-948-en.html


Volume 21, Issue 75 And 76 (3-2017) Back to browse issues page
فصلنامه دیدگاه های حقوق قضایی Judicial Law Views Quarterly
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