Review of Berjaram's contributions focusing on moral values in Islam and law
Subject Areas : Ethics and Islamic EducationRazieh Sadat Alavi 1 , Morteza Barati 2 , medi dholfghari 3
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2 - Assistant Professor and Director of the Department of Theology and Islamic Studies, Jurisprudence and Fundamentals of Law, Damghan Branch, Islamic Azad University, Damghan, Iran
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Keywords: contribution, crime, moral values,
Abstract :
The meaning of accessory in a crime is that a person or persons cooperate and assist with the perpetrator of the crime in a way such as: incitement, persuasion, enticement, conspiracy, deception and trickery, abuse of power, concealment, preparation of the means of committing the crime, by providing the means of committing the crime. The crime and facilitation of the occurrence of the crime without the involvement of the deputy in the material element of that crime, of course, this cooperation must be before or parallel to the occurrence of the main crime. The criminality of the main act is a condition for the fulfillment of the vice. This means that the legal element of being an accomplice in a crime is that the steward's act is criminal so that the person's work is considered an accessory to the crime. In jurisprudence, being a deputy in a crime, sin and oppression is the crime itself, which has the penalty of Ta'zir.Atham in the word means sin, offense, sin and aggression means cruelty, malice and injustice, which is considered among the examples and standards of moral anti-values, it is inferred that; The Holy Qur'an forbids cooperation in sin and aggression, and prescribes cooperation in piety, which is one of the indicators of good moral actions, and says: "Cooperation in the cause of evil and piety, and no cooperation in the cause of sin and aggression" (Maidah: 2). . In the definition of deputyship, some say that this verse refers to the sanctity of helping in evil and aggression, and it is different from cooperation. Aid is to help someone else, but cooperation is the cooperation of two or more people or a group with each other. In other words, cooperation is about interaction (participation and cooperation) and it involves several agents.The rule of sanctity is one of the rules of jurisprudence. In this article, the author first presents the evidence and documentation of this rule from the Qur'an and hadiths, and expresses the ruling of reason and consensus, and explains the lexical and idiomatic meanings of the words of this rule. The relationship of deputy and participation in the crime contradicts moral values.
