Delay in the criminalization of economic disruption based on the verse of Moharebeh "with a look at the Islamic Penal Code approved in 92

فقه و اصول (Fiqh va uṣūl)

Articles in Press, Accepted Manuscript, Available Online from 21 November 2022   

Document Type: Original Article

DOI: 10.22067/jfiqh.2022.77257.1396

Authors

Ali Khaleghi poostchi^{* 1}; Abbasali Soltani²; Mohammad taghi Fakhlaei³

¹PhD student of Ferdowsi University of Mashhad

²Associate Professor of the Department of Fiqh and Fundamentals of Islamic Law, Faculty of Theology, Ferdowsi University of Mashhad

³Professor of the Department of Fiqh and Fundamentals of Islamic Law, Faculty of Theology, Ferdowsi University of Mashhad

Abstract

Today, a large part of the criminalization of legal systems is related to economic crimes. We do not have the title of "economic crime" in common jurisprudence, but in the Islamic Penal Code of 1992, economic crimes are listed exclusively. Previously, in 1969, the death penalty was predicted for some economic disruptors. Now the question is whether the execution of the economic disruptors is consistent with the provisions of verse 33 of Surah Ma'idah (punishment of the evildoers and corrupters of the earth) or not? Based on the explanation of the concepts of war and corruption in the land and the relationship between the two, it was concluded that, firstly, corruption in the land as an independent crime has no justification, and secondly, the application of war and corruption in the land to economic disruptors is also without reason. unless the secondary and governmental rulings are invoked. In addition, the presence and proof of the spiritual element in this crime often hinders the execution of the sentence, and even in cases where the elements of the crime are realized, it is necessary to consider the level of suspicion for this crime. And finally, in cases of doubt and doubt, based on the rule of law and other evidences of exculpation or abbreviated crime, the verdict should be to cancel or reduce the punishment of the higher order and the order to prove the punishment of the lower order.

Keywords

Economic crimes; death penalty; corruption in the world; war; economic disruption

References