HODOOD AND TAAZIRAT EXTENT, KINDS AND COMMANDS

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.

HOSSEINI SEYED MOHAMMAD

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

Journal Paper

Paper Information

Journal: PRIVATE LAW STUDIES Year:2008 | Volume:38 | Issue:1 Page(s): 125-145

Download Full-Text

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

Persian Verion

View:

8,249

Download:

Cites:

Information Journal Paper

Title

HODOOD AND TAAZIRAT EXTENT, KINDS AND COMMANDS

Author(s)

HOSSEINI SEYED MOHAMMAD | Issue Writer Certificate

Keywords

COMMANDSQ2

DISPUTESQ3

EXTENTQ3

HODOOD PENANCESQ2

KINDSQ1

TAAZIRAT DISCRETIONSQ3

Abstract

To being synchronically effective, equitable and humanness, in anticipating and implementing of criminal sanctions, a ‘’penal policy’’ should utilize a range of punishments which be appropriate with the variety of crimes, diversity of criminals and difference of crime situations. This variety in quality and countity is highly considered in Islamic penal policy since establishment of fixed and certain punishments that includes ghesas, diat and hodood (retaliates, mulcts and penances), beside the flexible and uncertain punishments (taazirat). But the existence of sever dissensions among the Islamic jurists (foghaha) about the different aspects of hodood and –especially- in taazirat (discretive punishments), is the sign of incognition of the real nature of this two types of punishment. This ''juristicial ambiguity'' has been terminated to low results in use of the variety of these sanctions in legislative and judicial criminal policy of the Islamic Republic of Iran. The present essay, considers the different applications of these two terms (hodood and taazirat), as well as, the various juristic opinions about the EXTENT, KINDS and COMMANDS of hodood and taazirat. The first output of this research is to attract attentions to great DISPUTES in juristic understoods about an important section of Islamic penal policy. However, the final aim of this essay is to notify about the ruining results of tendency to verbalition and negligence from the meaning and the base of Islamic juristiality (tafaghoh), which, has more harmful results in the context of policies including the criminal ones.

Cites

References

مساله تعزیرات در اسلام

Cite

APA: Copy

HOSSEINI, SEYED MOHAMMAD. (2008). HODOOD AND TAAZIRAT EXTENT, KINDS AND COMMANDS. PRIVATE LAW STUDIES, 38(1), 125-145. SID. https://sid.ir/paper/124817/en

Vancouver: Copy

HOSSEINI SEYED MOHAMMAD. HODOOD AND TAAZIRAT EXTENT, KINDS AND COMMANDS. PRIVATE LAW STUDIES[Internet]. 2008;38(1):125-145. Available from: https://sid.ir/paper/124817/en

IEEE: Copy

SEYED MOHAMMAD HOSSEINI, “HODOOD AND TAAZIRAT EXTENT, KINDS AND COMMANDS,” PRIVATE LAW STUDIES, vol. 38, no. 1, pp. 125–145, 2008, [Online]. Available: https://sid.ir/paper/124817/en

Related Journal Papers