THE PRINCIPLE OF PENAL ECONOMY AS THE BASIS OF THE INTERPRETATION IN PENAL LAWS OF ISLAM

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MASJEDSARAEI HAMID; NABINIA KHALED; BAQERI AHMAD; SADRI SEYYED MOHAMMAD

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Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2018 | Volume:14 | Issue:51 Page(s): 169-190

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Title

THE PRINCIPLE OF PENAL ECONOMY AS THE BASIS OF THE INTERPRETATION IN PENAL LAWS OF ISLAM

Author(s)

MASJEDSARAEI HAMID | NABINIA KHALED | BAQERI AHMAD | SADRI SEYYED MOHAMMAD | Issue Writer Certificate

Keywords

CRIMINAL ECONOMY PRINCIPLEQ1

CRIMINAL JURISPRUDENCE INTERPRETATIONQ1

CRIMINAL JUSTICEQ1

DECRIMINALIZATION POLICYQ1

Abstract

The principle of penal economy is one of the most fundamental principles in the field of criminal law that eliminates the difficulties and complexities of criminal law as one of the constraints on the rights and freedoms of citizens with a slight degree of consolation and consistency. In fact, this principle seeks to delimit the scope of the criminal law intervention in the area of citizen rights and freedoms. The commitment to the principle of criminal economy not only provides for the optimal use of criminal law in its proper place, but also at the same time provides grounds for the attention of the criminal policy of Islam to the use of social-legal instruments and institutions. The rule of the shamefulness of punishment without notice of law, the rule of interpretation in favor of defendant in the face of doubt, the principle of precaution in cases involving life, reputation, sexual chastity and property, the principle of narrow interpretation, the principle of the obligation of judge to be strict at the stage of proof of the crime and the principle and foundation of hudud on tolerance and mitigation in the implementation of penalties, the principle of tolerance, the principle of legitimacy of the expediency in determining the punishment, and the principle of non-authority justify the establishment of such a principal. Without doubt, the application of this principle in the process of punishment will result in a non-inflaming criminal system and, moreover, it can pave the way for the realization of CRIMINAL JUSTICE.

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APA: Copy

MASJEDSARAEI, HAMID, NABINIA, KHALED, BAQERI, AHMAD, & SADRI, SEYYED MOHAMMAD. (2018). THE PRINCIPLE OF PENAL ECONOMY AS THE BASIS OF THE INTERPRETATION IN PENAL LAWS OF ISLAM. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 14(51 ), 169-190. SID. https://sid.ir/paper/134371/en

Vancouver: Copy

MASJEDSARAEI HAMID, NABINIA KHALED, BAQERI AHMAD, SADRI SEYYED MOHAMMAD. THE PRINCIPLE OF PENAL ECONOMY AS THE BASIS OF THE INTERPRETATION IN PENAL LAWS OF ISLAM. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2018;14(51 ):169-190. Available from: https://sid.ir/paper/134371/en

IEEE: Copy

HAMID MASJEDSARAEI, KHALED NABINIA, AHMAD BAQERI, and SEYYED MOHAMMAD SADRI, “THE PRINCIPLE OF PENAL ECONOMY AS THE BASIS OF THE INTERPRETATION IN PENAL LAWS OF ISLAM,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 14, no. 51 , pp. 169–190, 2018, [Online]. Available: https://sid.ir/paper/134371/en

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