Analyzing Counterrevolution Crime

Abstract

From article 186 to 188 of Islamic Penal Code (1370), three crimes have been specified as the Counterrevolution Crime, armed insurrection against Islamic government, planning for overthrowing the Islamic government and nomination for an important position in Coup dominion. Lawmaker includes these three Crimes under the Moharebeh Chapter and according to him, everyone who Commits one of these Crimes is Combatant (Mohareb). However, the nature of crimes related to armed insurrection is different from the nature of Moharebe Crime. First of all, the armed insurrection crime aims at the Islamic government, while the subject of Moharebeh Crime is people's security. Secondly, Moharebeh Crime is classified in prescribed punishment, but the armed insurrection against Islamic government (Baghy) is not included in prescribed punishment. This paper is concerned about the above-mentioned subject and reviews the three mentioned crimes.

Keywords

• armed insurrection
• baghy
• moharebeh
• 33 verse form maedeh chapter
• government overthrowing