The Sacred and Dishonoring it in Iranian Penal Code

Document Type : Research Article

Authors

Abstract

Belief in the sacred is traced back to an age as old as the human society. From the beginning of the formation of primitive
societies, belief in the sacred has existed. The sacred (or the holy things and beings), is a term which is both extendable and restrictable; thus, if its limits are not determined or its referents are not clarified, on one hand, it can be a pretext by the ruling states to use against their dissidents and, on the other hand, the acquisitive and the adversaries may thereby seek to weaken the fundamental beliefs and ideologies of the society. So, in order to prevent these two groups from misuse, its limits and referents are to be thoroughly clarified in law as far as possible. Throughout the penal code, the legislator has neither presented a definition of the sacred, nor accurately clarified its referents. That is why it is attempted in this article to specify the concept of the sacred, its status in Monotheistic religions and Islam, as well as its referents, and then to analyze the nature of dishonor as a crime and its formative elements. The research carried out in this article can remove the ambiguities and brevities existing on this issue.
Keywords: the sacred, dishonor, sacred places, sacred times, holy months, sacred objects, formative elements of crime.

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