Consideration of the rule of killing of the person Who Insult to prophet and Imams

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Abstract

Insulting to prophet or Imam is obscene, shameful and insupportable for any Muslim, so the person who insults must be killed. Any where that there is no Islamic government or it has not been ordained any rule about killing insulter; Killing insulter has no retaliation (punishment).
But when legislator especially issued a rule for Killing punishment in article513 for the crime of insulting to prophet or Imam, it is for in habiting to execute private justice and the government is responsible to execute putting to death (Killing) , that its necessity is public trial (judgment) and legal formality nonetheless, if a person Kills insulter for executing legal (juridical) task, Killer must be proved his/her crime in the court, and in any case, according to article 612 act of Islamic punishment rule, providing disruption in regularity and security of society, he/she is meritorious for governmental punishment. Unless, based on religious law and constitutional law, leader permit Killer from governmental punishment, because Judicial power is his status, but if killer kill insulter in out of Iran, he/she immunes from punitive pursuit and retraction. But if insulter is killed with non – divine stimulus, Killer must be condemned to punishment for intentional Killing

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