A Critique of The Discourse of The Iranian Legal System in The Face of The Challenges of Legislation and Enforcement of Limit Punishments

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Rahmandoost Mahdiar; BAYATI MOHAMMAD HOSSEIN

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Journal Paper

Paper Information

Journal: JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH Year:2022 | Volume:10 | Issue:19 Page(s): 263-296

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Information Journal Paper

Title

A Critique of The Discourse of The Iranian Legal System in The Face of The Challenges of Legislation and Enforcement of Limit Punishments

Author(s)

Rahmandoost Mahdiar | BAYATI MOHAMMAD HOSSEIN | Issue Writer Certificate

Keywords

Limit Punishments

Islamic punishments

Islamic Penal Code

Enforcement of Limits

Penal policy

Abstract

Legislation and implementation of some Islamic punishments have faced various challenges for the Islamic Republic of Iran and its legal and judicial system. These challenges can be divided into two parts. Some of them are problems caused by negative reactions to the implementation of the limits, and what has always been the concern of the government has been to find a solution for these reactions. However, it can be said that the static limits that result from the legislator's commitment to their jurisprudential background have created more important problems, and that is the imbalance in criminal law. This imbalance limits the scientific approach to punishment, confuses criminal policy, and impedes the administration of justice. In this article, after referring to the reflections in the implementation of the limits, we will deal with the problems that such punishments have created in our legal and judicial system. Then, we will categorize different discourses in the field of legislation and implementation of boundaries and explain and examine the approach of the Iranian legal system in this field. In the following, we will explain, review and evaluate the type of confrontation of the Iranian legal system in this regard. Then we deal with the basics of the common approach, ie the need to stop implementing the limits based on the most important interests and their evaluation and critique. Finally, by concluding the discussion, we present some critiques of the discourse of the criminal justice system regarding challenging Islamic punishments.

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APA: Copy

Rahmandoost, Mahdiar, & BAYATI, MOHAMMAD HOSSEIN. (2022). A Critique of The Discourse of The Iranian Legal System in The Face of The Challenges of Legislation and Enforcement of Limit Punishments. JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH, 10(19 ), 263-296. SID. https://sid.ir/paper/1061834/en

Vancouver: Copy

Rahmandoost Mahdiar, BAYATI MOHAMMAD HOSSEIN. A Critique of The Discourse of The Iranian Legal System in The Face of The Challenges of Legislation and Enforcement of Limit Punishments. JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH[Internet]. 2022;10(19 ):263-296. Available from: https://sid.ir/paper/1061834/en

IEEE: Copy

Mahdiar Rahmandoost, and MOHAMMAD HOSSEIN BAYATI, “A Critique of The Discourse of The Iranian Legal System in The Face of The Challenges of Legislation and Enforcement of Limit Punishments,” JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH, vol. 10, no. 19 , pp. 263–296, 2022, [Online]. Available: https://sid.ir/paper/1061834/en

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