عنوان مقاله [English]
“Ghazf’ conveys a harmful and a dangerous meaning in Islamic jurisprudence, which mainly implies to stain people’s Reputation. For this reason, Islam as a protector and custodian of the legal entities and as a defender of the oppressed people has assigned “had” (an Islamic fine) for “ghazf’ (on who commits ghazf) as an offender and criminal.
“Ghazf” irrespective of its legal commandment to punish the offenders, contains not only a preventive feature but enactive of law which both play their real role in their proper situation.
“Ghazf’ incurs some harm in “Maghzoof’ (one which is imposed by “Ghazf’).
“Maghzoof’ is entitled to refer to the courts to demand some punishments for “ghazf’.
The judge must summon “ghazef’ to the court, in case he is not true in “Ghazf’, “Ghazef’ will be indebted to “Maghzoof’ and “Ghazef’ receives 80 lashes.
In case of dying “Maghzoof” or lack of vindication of rights, the inheritors are lawful ones to perform Islamic punishment by lash.
Unlike to economic affairs which nearness and remoteness of the relatives are very important in inheritance issues, in “Ghazf’ affairs each one of the relatives apart of their nearness or remoteness can vindicate the Islamic punishments by lash on “Ghazf’.