Narrative analysis of the term of "weapon" in the substantiation of the crime of moharebeh (A Critique of Article 279 of the Islamic Penal Code)

Abstract

In the Islamic Penal Code adopted in 2013, the legislator of the Islamic Republic of Iran considered the definition of the crime of the crime of moharebeh (waging war against God or people) to be conditional on being armed, while, on one hand, the definition of a vast number of jurists does not regard this condition and in the known definition, according to some Jurisprudence and useful evidences, are the dominant assurance and not the avoiding, and on the other, it is implied from jurisprudential documents that if the battle is realized, the mentioned condition is not expressed and in case of non-occurrence of the battle and in case of only deprivation of public security, mentioning this condition does not mean that it constitutes a part of the subject, but it means the expression of the predominant condition. The present study is conducted through a descriptive-analytical method by means of library data and is written aiming at criticizing the law for interfering the condition of being armed in the crime of battle and at the same time its thoroughness in terms of this condition.

Keywords

• battle
• the use of weapons
• pulling weapons
• dominant condition
• avoiding condition