HADD AND TAZIR: TWO TYPES OF PUNISHMENT AGAINST TWO GROUPS OF OFFENCES

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HOSSEINI SEYED MOHAMMAD

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Journal: PRIVATE LAW STUDIES Year:2009 | Volume:39 | Issue:1 Page(s): 87-106

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Information Journal Paper

Title

HADD AND TAZIR: TWO TYPES OF PUNISHMENT AGAINST TWO GROUPS OF OFFENCES

Author(s)

HOSSEINI SEYED MOHAMMAD | Issue Writer Certificate

Keywords

HODOUDQ1

TA’ZIIRATQ3

DEFINITEQ3

DISTINCT PUNISHMENTQ3

INDEFINITEQ3

INDISTINCT PUNISHMENTQ3

IMPORTANT OFFENCESQ3

LESS IMPORTANT OFFENCESQ3

LEGISLATION WISDOMQ3

Abstract

Diversity of penal responses is a part of wisdom and meaningful diversifications in Islamic and Iranian criminal policy; Creating Hadd and Tazzir as two types of punishment is a sign of the above mentioned wisdom; Definition of Hadd (definite punishment) and Ta'ziir (discretionary punishment) in Islamic jurisprudence and - therewith - statutes of Islamic republic of Iran and variety of jurisprudential beliefs and opinions of Islamic law scholars regarding the realm, variety and ordinance of those have resulted in different problems and difficulties from which mingling instances of Hadd and Ta'ziir and failure to well fulfillment the wisdom and philosophy of this duality in Islamic and Iranian criminal law enforcement is of main importance; This problem is resulted from an incorrect and inexact consideration of Hadd and Ta'ziir in Islamic Criminal Jurisprudence; A true definition of Hadd and Ta'ziir derived from religious references and philosophy of religious commands and the goal of punishment in Islamic penal policy is: Hadd and Ta'ziir are two types of penal (and in some cases non penal) response to two groups of offences, first DEFINITE and distinct regarding to important and non-condonable offences and the second, INDEFINITE and indistinct against less IMPORTANT OFFENCES. These two groups are not finally and unchangeably numerated in the holly Shari'a but have being determined not only by Islamic original legislator but also by legitimate governments as a result of timely and local circumstances.

Cites

DISCRETIONARY PUNISHMENT GRADATION

References

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APA: Copy

HOSSEINI, SEYED MOHAMMAD. (2009). HADD AND TAZIR: TWO TYPES OF PUNISHMENT AGAINST TWO GROUPS OF OFFENCES. PRIVATE LAW STUDIES, 39(1), 87-106. SID. https://sid.ir/paper/125105/en

Vancouver: Copy

HOSSEINI SEYED MOHAMMAD. HADD AND TAZIR: TWO TYPES OF PUNISHMENT AGAINST TWO GROUPS OF OFFENCES. PRIVATE LAW STUDIES[Internet]. 2009;39(1):87-106. Available from: https://sid.ir/paper/125105/en

IEEE: Copy

SEYED MOHAMMAD HOSSEINI, “HADD AND TAZIR: TWO TYPES OF PUNISHMENT AGAINST TWO GROUPS OF OFFENCES,” PRIVATE LAW STUDIES, vol. 39, no. 1, pp. 87–106, 2009, [Online]. Available: https://sid.ir/paper/125105/en

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