Jurisprudential and Legal Investigation of the Criminal Aspects of New Mourning

Jamaleddin Zanjani, Mahmood; Jahandoost Dalenjan, Masoud; Fallah Yakhdani, Mohammad Javad

doi:10.30497/fiqh.2018.2289

Jurisprudential and Legal Investigation of the Criminal Aspects of New Mourning

Document Type : Original Article

Authors

Mahmood Jamaleddin Zanjani ¹

Masoud jahandoost Dalenjan ²

Mohammad Javad Fallah Yakhdani ³

¹ Associated Professor of the Department of Fiqh and Islamic Law Foundations at Imam Sadiq(a.s) University

² PHD Student Of Fiqh and Islamic Law Foundations at Tehran University

³ Graduated Degree of the Department of Fiqh and Islamic Law Foundations at Imam Sadiq(a.s) University

10.30497/fiqh.2018.2289

Abstract

Although there is no disagreement between jurisprudents about the legitimacy of mourning rituals as a God's symbols, but with the passage of time and the differences in customs and the formation of new ways of mourning, the number of these mourning witnessed intense conflict between our jurisprudents. The emergence of these differences, on the one hand, and the special religious and custom sensitivities of this issue, on the other hand, have led some to go beyond this, to speak of the crime of these mourning. Therefore, the authors in this study intend to examine the correctness of new mourning and show whether these acts are criminal offenses under legislative and judicial policy of the Islamic Republic of Iran, as well as the criminal law of the Imamia? The authors believe that the proving of these mourning and the punishment of the perpetrators according to the laws of the Islamic Republic of Iran is a problem and the claimed jurisprudential evidence is not capable of proving this.

Keywords

Criminal aspects

Mourning

Hardship

Insulting religion

Elements of crime