Paper Information

Journal:   FASLNAMAH-I PAZHOHESH HAYE FIQH VA HUQUQ ISLAMI (ISLAMIC LAW & JURISPRUDENCE RESEARCHES QUARTERLY)   FALL 2014 , Volume 10 , Number 37; Page(s) 57 To 84.
 
Paper: 

A REFLECTION IN LEGAL ORDER OF THEFT OF PUBLIC FUNDS

 
 
Author(s):  IZADIFARD ALI AKBAR, GHOLIPOUR HASSAN, HOSSEINNEZHAD SEYYED MOJTABA
 
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Abstract: 

It must be understood there is a disagreement among the jurists about theft of public funds. Some of them, with regarding to Sahiheh Abdollah Ibn Sanan, believe that possession in public funds is the same as possession in trophy. Since all people share public funds, if thief steal more than his share of public funds, the governor cut off his hand. But if he steals his share of less than his share, its rule will be vice versa. But some jurists disagree with the first theory as previously mentioned. They believe it would not be cut off thief's hand in every situation. Other jurists doubt in this rule based on the first and second theory. In this article, the authors analyzed these theories and finally they resulted that the rule about this issue related to public relief and if the thief's action interfere with public relief which named “trying to corruption”, it can be regarded some punishments based on Ayah 33 of Surah Maedeh for the thieves.

 
Keyword(s): THEFT, PUBLIC FUNDS, TROPHY, TRYING TO CORRUPTION
 
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