نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوقِ دانشکده علوم انسانیِ دانشگاه ایلام، ایران، ایلام
2 استادیار گروه حقوق کیفری و جرمشناسیِ دانشکده حقوقِ دانشگاه قم، ایران، قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In 2010, the Iranian legislature added article 499 repeated to the 1996 Taezirat Act, and based on that, they criminalized insult to Iranian ethnicities and official religions and sects stipulated in the Iranian Constitution. Although cases of insulting and attacking religions or their religious rituals are also found in the penal laws of other Islamic countries, a careful examination of the said article shows that, apart from the fact that passing of such an article in its current form, especially in the context of insulting ethnicities, is unnecessary and could lead to many false claims, the text of the said article is also ambiguous and has the potential for conflicting interpretations, which will ultimately lead to harm to the rights of individuals. The most important ambiguity of the aforementioned article concerns the definition of Iranian ethnicities and the criteria for their identification, which is considered one of the most complex concepts in sociology. The concepts of violence and tension mentioned in the above article also lack the necessary clarity and are subject to criticism. Also, given that the philosophy of criminalizing insult to religions and sects is to prevent violence and tension in society, this matter should not be limited to insult to official religions and sects, and it is necessary for the Iranian legislator to criminalize insult to all religions and sects with the intent to create violence and tension.
کلیدواژهها [English]
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