Volume 19, Issue 73 (10-2019)                   refahj 2019, 19(73): 341-377 | Back to browse issues page


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haraty J, khajenoori Y, rayejian M. Approaches of Islamic Ideology to interfere or not to interfere in the area of divergence. refahj. 2019; 19 (73) :341-377
URL: http://refahj.uswr.ac.ir/article-1-3404-en.html
Abstract:   (2524 Views)
Short Abstract
Being  divergent does not necessarily mean to be homosexual, and it appears in the forms of dressing, attitude, etc.However, in Islamic legal system, such a phenomenon has not been seriously taken into consideration.   Qur’anic verses, juridical provisions, andother Islamic Sciences, consider three different legal solutions as regards this issue. Task- oriented solution is adopted based on the interest of the society, pragmatismm, maximum demand, and maximum interfere of this issue wiyh regard to freedom and privacy
Rightness oriented solution concentrates on the principal of loss as long as their behaviors may not threaten the rights of the other people. It also emphasizes the minimum interfere and right  oriented and task oriented approaches, and these two aproaches will consider the right and freedom of individuals, interest of the society, and developing the principal of loss based on the concept of “right and interest” with the view of perfectionism and patriarch, the scope of crimes in such behaviors will be identified.
This approach emphasize theenhancement of society capacity to accept unusual behaviors and foundation of “law obedient principal”, and it seems that criminal policy conforms to open and plural societies. Because criminal policy with task-based security oriented approach would result in increasing of crimes and interfering in the privacy of individuals.                                                     
Although criminal policy based on rightness focused on approach is based on the principal of toleration but it may result in promiscuity.                                                                                                  
 
 
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Type of Study: review |
Received: 2019/05/1 | Accepted: 2019/09/17 | Published: 2019/10/18

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