نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیـار گروه فقه و حقوق اسلامی، دانشگاه آیتالله حائری(ره)، میبد
2 دانشآموخته دکتری رشته فقه و مبانی حقوق اسلامی، دانشگاه قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Theft of property is a criminal offense with specific definition, particular conditions and special religious punishment (hand-amputation limit). There are disagreements about the realization of theft; including the endowment of the stolen property. Some do not consider specificity and subjectivism for it, rather assume theft of public endowment under the general category of theft and its sentence. However, others choose a detailed view and do not consider the category of theft equivalent to the theft of public endowments, and thus, in theft of public endowments, the religious punishment is not enforceable. The main reason that the opponents disagree with implementing religious punishment for public endowment is that they consider endowment as non-possessive and that God is the possessor of public endowments. By critical examination of the evidence of this notion, proving possessiveness of the endowment( Waqf) and ownership of the endowment beneficiaries in public endowments, and similarly, by referring to other reasons and the lack of distinction between public and private endowment(Waqf), the implementation of limits for all stolen endowments is considered to be more admissible.
کلیدواژهها [English]
)