Document Type : Original Article

Authors

• sepehr javanbakht
• m m

Master of Jurisprudence and Criminal Law, Faculty of Humanities, Shahed University of Tehran

Abstract

Islamic rulings and, accordingly, penal rulings are divided into three categories: divine, judicial, and governmental, according to the positions of the innocent when issuing judgments. Divine decrees are fixed and unchangeable decrees that the infallible have expressed while preaching the decree of God Subhuman, and judicial rulings are the rulings that the infallible issued a ruling when resolving enmity and conflict. Such a ruling was specific to this incident. The rulings of the government are the rulings issued by Masoom in the capacity of guardian and considering the interests of the Islamic society. Failure to pay attention to the separation between Shariah rulings from a divine, judicial or governmental point of view can cause a jurist or legislator to deviate in the path of ijtihad or legislation and make some narrations seem contradictory, while this problem will be solved by separating the narrations. The follow-up in the hadith of the penal chapters indicates that part of the hadith is in accordance with the rules of judicial and governmental rulings and is an example of judicial or governmental rulings.

Keywords

• Imam'
• s qualifications
• Hadith
• Divine ruling
• Judgment ruling
• Government order