THE EXTENT OF JUDGE'S AUTHORITY TO REFER TO RELIGIOUS JURISPRUDENCE SOURCES IN CRIMINAL MATTERS

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HABIBZADEH M.J.; GHIASI J.

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Journal: Year:2001 | Volume:17 | Issue:1 (33) Page(s): 33-42

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Title

THE EXTENT OF JUDGE'S AUTHORITY TO REFER TO RELIGIOUS JURISPRUDENCE SOURCES IN CRIMINAL MATTERS

Author(s)

HABIBZADEH M.J. | GHIASI J. | Issue Writer Certificate

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Abstract

The Principle 167 of the constitution of the Islamic Republic of Iran has obliged judges to deal with all cases in any circumstances on the basis of written laws and it has also allowed them to refer to sources of Sharia (religious rules) in the cases of shortcomings, ambiguities, inconsistencies, and Lack of relevant rules. Since sharia's sources lack the characteristics of written laws in the form. of procedural nature, it seems that the Principle 167, considering other Principles of the constitution and also Principles of Legality of crime and Its punishment and non-punishment of crimes defined under new laws, should be limited to legal matters. Some also hold that the Principle 167 extends to criminal matters but only as far as the punishment of crime is concerned and not in relation to the determination of crime. In this paper, first the intention of the legislator for codification of the principle 167 is analyzed and then practical problems associated with this Principle is discussed.

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APA: Copy

HABIBZADEH, M.J., & GHIASI, J.. (2001). THE EXTENT OF JUDGE'S AUTHORITY TO REFER TO RELIGIOUS JURISPRUDENCE SOURCES IN CRIMINAL MATTERS. JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY, 17(1 (33)), 33-42. SID. https://sid.ir/paper/13309/en

Vancouver: Copy

HABIBZADEH M.J., GHIASI J.. THE EXTENT OF JUDGE'S AUTHORITY TO REFER TO RELIGIOUS JURISPRUDENCE SOURCES IN CRIMINAL MATTERS. JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY[Internet]. 2001;17(1 (33)):33-42. Available from: https://sid.ir/paper/13309/en

IEEE: Copy

M.J. HABIBZADEH, and J. GHIASI, “THE EXTENT OF JUDGE'S AUTHORITY TO REFER TO RELIGIOUS JURISPRUDENCE SOURCES IN CRIMINAL MATTERS,” JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY, vol. 17, no. 1 (33), pp. 33–42, 2001, [Online]. Available: https://sid.ir/paper/13309/en

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