Criticizing the Generalization of Imprisonment to Non-Stipulated Legal Crimes

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Fattahi Seyyed Mohsen

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: ISLAMIC JURISPRUDENCE RESAERCH Year:2022 | Volume:18 | Issue:1 Page(s): 145-164

Download Full-Text

Persian Verion

View:

Download:

Cites:

Information Journal Paper

Title

Criticizing the Generalization of Imprisonment to Non-Stipulated Legal Crimes

Author(s)

Fattahi Seyyed Mohsen | Issue Writer Certificate

Keywords

detention

imprisonment

Ta'zīr

Non-Stipulated Punishments

Legal retribution

Abstract

Imprisonment is undoubtedly the most common punishment used in all legal systems in the world. The Islamic legal system has legislated imprisonment for some of the crimes. This paper claims that Islamic law (Shari'a) has confined imprisonment to the cases stipulated in the Quran and Islamic traditions and it cannot be used for non-stipulated cases. Therefore, in spite of the legislator’s view, the offenders cannot be sentenced to imprisonment – based on ta'zīr or hadd- (except the cases stipulated in the clear Text), as it has been stipulated in Islamic Penal Code. This article proves its claim through discussing the traditional arguments of imprisonment.

Multimedia

No record.

Cites

No record.

References

No record.

Cite

Related Journal Papers

No record.

Related Seminar Papers

No record.

Related Plans