Recognition and Enforcement of Foreign Criminal Laws in the Islamic Legal System and the Iranian Statute

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Elahiyan Amin; Elahiyan Mojtaba; Elahiyan Mohammad Ibrahim

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Journal Paper

Paper Information

Journal: Jurisprudence and Fundamentals of Islamic Law Year:2018 | Volume:51 | Issue:1 Page(s): 27-48

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Title

Recognition and Enforcement of Foreign Criminal Laws in the Islamic Legal System and the Iranian Statute

Author(s)

Elahiyan Amin | Elahiyan Mojtaba | Elahiyan Mohammad Ibrahim | Issue Writer Certificate

Keywords

foreign sentences enforcementQ1

territorial jurisdictionQ1

national sovereignty preservingQ1

Abstract

In this research, we have tried to answer the question in a descriptive-analytic method that, considering the principle of territory competency principle of penal rules as well as protection of national governance, whether recognition and execution of foreign penal decisions in the governance territory of an Islamic country, specially Iran, is possible or not? The writers believe that to reply to such questions in view of Islamic law and considering Qur’ anic verses and narrations, we could say that considering the principle of interaction and permission for execution of rules of other Revealed Religions in the governance territory of Islamic government and ward off rule could be a justification for execution of foreign penal decisions. In Iran too, review of related rules and judiciary cooperation agreements indicate that recognition and execution of foreign penal decisions has been accepted limitedly and conditionally for cases such as transfer of the condemned, determination of losses caused by the crime.

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APA: Copy

Elahiyan, Amin, Elahiyan, Mojtaba, & Elahiyan, Mohammad Ibrahim. (2018). Recognition and Enforcement of Foreign Criminal Laws in the Islamic Legal System and the Iranian Statute. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), 51(1 ), 27-48. SID. https://sid.ir/paper/198527/en

Vancouver: Copy

Elahiyan Amin, Elahiyan Mojtaba, Elahiyan Mohammad Ibrahim. Recognition and Enforcement of Foreign Criminal Laws in the Islamic Legal System and the Iranian Statute. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA)[Internet]. 2018;51(1 ):27-48. Available from: https://sid.ir/paper/198527/en

IEEE: Copy

Amin Elahiyan, Mojtaba Elahiyan, and Mohammad Ibrahim Elahiyan, “Recognition and Enforcement of Foreign Criminal Laws in the Islamic Legal System and the Iranian Statute,” FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), vol. 51, no. 1 , pp. 27–48, 2018, [Online]. Available: https://sid.ir/paper/198527/en

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