Jurisprudential investigation of theft from public treasury and the conditions of its theft

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Hamid Fazelniya, Seyyed Mahdi Salehi, Reza Nikkhah Sarnaghi


Theft from the public treasury is one of the words that has been common since the beginning of Islam and is used in Persian and Arabic with the same meaning. Of course, according to the progress and development of mankind, the territory of public treasury and the way of theft from it has taken different forms and changes. Public treasury under various titles, such as public property, anfal, treasury, general treasury, etc. has a high position in all legal and civil societies and systems and has various military, governmental, administrative, public and civil responsibilities. Theft from the treasury is one of the jurisprudential issues that occurred since the creation of the public treasury until today, so that in the hadiths, theft from the public treasury and embezzlement has been interpreted in different ways. In this research, theft from the public treasury has been investigated from the juridical and legal aspects. To achieve this goal, the nature of jurisprudence and law is examined first, then the definition of theft and public treasury is discussed. Then the resources and benefits of the public treasury were discussed, and also the goals, origins, factors, effects and effects of theft from the public treasury were examined, and finally the opinion of the jurists regarding the verdict of theft from the public treasury was expressed, which is three sentences: (1) Some believe that if the thief has no right to the public treasury and the conditions of theft are present, the sentence for theft will be definite punishment, otherwise theft will be discretionary punishment. (2) Some believe that there is absolutely no limit to stealing from the public treasury, and (3) the third group has stopped and only quoted scholars. It seems that the promise in detail, which is the same as the first promise, is more correct, comprehensive and according to the jurisprudence rules that we mentioned in the text about the reasons for this promise.

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