بررسي جرم اهانت به مقدسات اسلام

AN EXAMINATION OF THE "CRIME OF PROFANITY"

Profanity defined as behaviors showing contempt for holy things, is considered as a public offence in the Islamic Penal Act. Since it is included in a chapter related to the religious aspects of (crimes), profanity may be regarded as a religiouslay defined offence. Nowadays a large number of penal cases judged by revolutionary tribunals and judicial authorities are interpreted as profanity though they are also related to political and / or press violations. However, ambiguities in the conceptualization of this kind of offence may cause difficulties for judges in the process of adjudication. Thus, more clarification is required. This article examines various aspects of profanity on the basis of a variety of religious texts and holy scripts as well as positive law in order to examine to what extent the notion of the sacred is shiʹite specific; the relationship between prafonity and other cases such as apostasy or insulting holy figures; and the effect of ignorance on criminal liability.