Jurisprudential Pathology in Article 234 of the Islamic Penal Code

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Mirkhalili Seyyed Ahmad; Motevlaizadeh Naeini Nafiseh; Nassaji Zavareh Mehri

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Paper Information

Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2019 | Volume:15 | Issue:56 Page(s): 165-180

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Information Journal Paper

Title

Jurisprudential Pathology in Article 234 of the Islamic Penal Code

Author(s)

Mirkhalili Seyyed Ahmad | Motevlaizadeh Naeini Nafiseh | Nassaji Zavareh Mehri | Issue Writer Certificate

Keywords

SodomyQ1

murderQ2

EhsanQ1

RajmQ1

FloggingQ2

LazararQ1

Abstract

Through amending the Islamic Penal Code in 2013, article 234 of the Islamic Penal Code has been amended in relation to the punishment of the Sodomy (which the Islamic Penal Code of 1370 punished his absolute death sentence). In the current law, the slaughter of the subject is conditional upon the condition of the guardian, the Onf or the non-applicable subject, and otherwise the penalty is considered to be one hundred whistleblowers. This great change in punishment has led us to look at the legal foundations of this article, in line with the provisions of the general rule of law, and the view that changing the punishment of this crime from severe to mild punishment would be a huge loss for society. Concerning the punishment of Sodomy agents, we encounter two theories among the jurisprudents: the famous jurists believe that the punishment for Sodomy in the case of anonymity and murder; in contrast to the unusual theory of jurisprudence that punish Sodomy in the form of scapegoat, murder or furious, and if you do not know, he knows the creeps. In the article, which is based on the analytical method and using the library resources, criticizing the legislator regarding the disproportion between the Sodomy punishment and the definition of Sodomy, has examined the opinions expressed in jurisprudence and documented their validity. We believe that the punishment for murder for the subject is more consistent with the narrative and jurisprudential accuracy.

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APA: Copy

Mirkhalili, Seyyed Ahmad, Motevlaizadeh Naeini, Nafiseh, & Nassaji Zavareh, Mehri. (2019). Jurisprudential Pathology in Article 234 of the Islamic Penal Code. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 15(56 ), 165-180. SID. https://sid.ir/paper/134359/en

Vancouver: Copy

Mirkhalili Seyyed Ahmad, Motevlaizadeh Naeini Nafiseh, Nassaji Zavareh Mehri. Jurisprudential Pathology in Article 234 of the Islamic Penal Code. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2019;15(56 ):165-180. Available from: https://sid.ir/paper/134359/en

IEEE: Copy

Seyyed Ahmad Mirkhalili, Nafiseh Motevlaizadeh Naeini, and Mehri Nassaji Zavareh, “Jurisprudential Pathology in Article 234 of the Islamic Penal Code,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 15, no. 56 , pp. 165–180, 2019, [Online]. Available: https://sid.ir/paper/134359/en

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