Rereading the verdict and the extent of hoarding from the point of view of criminal justice

فقه و اصول (Fiqh va uṣūl)

Articles in Press, Accepted Manuscript, Available Online from 23 October 2024   

Document Type: Original Article

DOI: 10.22067/jfiqh.2024.85523.1698

Authors

Hossein Farzaneh^* ; seyed jafar alavi gonabadi; S.Ali Sajjadizade

Assistant Professor of the Department of Fiqh and Fundamentals of Law, Razavi University of Islamic Sciences

Abstract

Hoarding, in the opinion of famous jurists, is forbidden in Shari'ah and from the point of view of the law, it is a Taziri crime, which even in special circumstances, can be considered as an example of Ifsad and lead to punishments such as execution, imprisonment, flogging or confiscation of property. The ruling and extent of hoarding is a matter of dispute among jurisprudents; Haram and Makruh are two concepts that can be traced in jurisprudential books. In addition, some jurists consider Islamic hoarding to be exclusive to certain food items, and on the other hand, a group has extended it to all types of food and all human needs. This article seeks to reread the evidence of hoarding from the point of view of criminal justice and try to judge between these opinions. The results of the article show that considering the standards of criminal justice, such as the principle of proportionality of crime and punishment in the analysis of texts related to hoarding, causes the theory of Hormat to have more endurance. In the case of the extent of hoarding, justice is a factor that stabilizes monopoly narratives by strengthening the emergence of general evidence, the concept of allegory, government or externality, and as a result, it leads to the strengthening of the theory of generalization.

Keywords

Hoarding; criminal justice; crime; punishment

References