Conflicting Punishments & Iimplementation Order in Iran’ s Judicial System

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NOBAHAR RAHIM; Khalilzadeh Iraj

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Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2019 | Volume:83 | Issue:106 Page(s): 243-257

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Information Journal Paper

Title

Conflicting Punishments & Iimplementation Order in Iran’ s Judicial System

Author(s)

NOBAHAR RAHIM | Khalilzadeh Iraj | Issue Writer Certificate

Keywords

God’s right (Hagh Allah)Q1

People's right (Haqh al-Nas)Q1

Public rightsQ1

Execution of punishments’conflictQ1

Abstract

In This article one can notice various kinds of conflict in implementation of punishments in jurisprudential (Fiqhi) approach and from Iranian penal code’ s point of view. Since the crimes and punishments have not been classified based on the seriousness and weakness of crimes, it’ s rather complicated to find the ways of conflict resolution in case of conflicts in implementation of punishment. The article emphasizes that one decisive criterion for conflict resolution in implementation of punishments in Islamic jurisprudence is the priority of those relating to God’ s rights over those containing people’ s rights. The article has shed light on the nature of God’ s rights (Hagh Allah) punishments and people rights (Hagh al-Nas) punishments and the examples of each category. It explains evidences in favor of priority of people rights over God’ s rights and criticizes the position taken by Iranian penal code over the issue. At the end, the article suggests proposals to improve the inappropriate articles and regulations in Iranian criminal law.

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APA: Copy

NOBAHAR, RAHIM, & Khalilzadeh, Iraj. (2019). Conflicting Punishments & Iimplementation Order in Iran’ s Judicial System. THE JUDICIARY’S LAW JOURNAL, 83(106 ), 243-257. SID. https://sid.ir/paper/138044/en

Vancouver: Copy

NOBAHAR RAHIM, Khalilzadeh Iraj. Conflicting Punishments & Iimplementation Order in Iran’ s Judicial System. THE JUDICIARY’S LAW JOURNAL[Internet]. 2019;83(106 ):243-257. Available from: https://sid.ir/paper/138044/en

IEEE: Copy

RAHIM NOBAHAR, and Iraj Khalilzadeh, “Conflicting Punishments & Iimplementation Order in Iran’ s Judicial System,” THE JUDICIARY’S LAW JOURNAL, vol. 83, no. 106 , pp. 243–257, 2019, [Online]. Available: https://sid.ir/paper/138044/en

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