Contemplation on the Jurisprudential Evidences of Article 136 of the Islamic Penal Code

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MOHSENI DEHKALANI MOHAMMAD; ALIMORADI AMANOLLAH; NAZARPOUR HAMZEH

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Journal: Jurisprudence and Fundamentals of Islamic Law Year:2019 | Volume:51 | Issue:2 Page(s): 443-458

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Title

Contemplation on the Jurisprudential Evidences of Article 136 of the Islamic Penal Code

Author(s)

MOHSENI DEHKALANI MOHAMMAD | ALIMORADI AMANOLLAH | NAZARPOUR HAMZEH | Issue Writer Certificate

Keywords

those who commit major sinsQ1

repetition of crimeQ2

legal punishmentsQ1

ṢQ1

aḥQ2

īQ1

ḥQ1

a of YūQ1

nus b.‘Q1

Abd al-RahmāQ1

nQ1

homicideQ1

article 136 of the Islamic Penal CodeQ1

Abstract

On the one hand, article 136 of the Islamic Penal Code has stipulated: “ When a person commits the same crime leading to ḥ; add(legal punishment) three times, and each time his legal punishment is executed upon him, his ḥ; add on the fourth time is death” ; on the other hand, in the Shī; ‘ a narrative collections, in a narration from Seventh Imam (A. S. ), known as “ Yū nus’ s Message” , it has been made clear that Imam has said: “ those who commit major sins are killed in the third time. ” The content of this tradition, which forms a “ general rule” and a “ universal major” , contradicts the concept of the above-mentioned article. In this paper, after studying the hadith and confirming its authenticity and validity, and also by matching the content of the tradition with the provisions of this article, the author has consistently reviewed the criminal topics of article 136. In the following, the prospective documents and the following alleged reasons for each of the criminal offenses listed in this article are examined and evaluated with jurisprudential criteria. It is finally concluded that the application of the above-mentioned article is without the jurisprudential justification and only the two topics of “ adultery” and “ robbery” are for specific reasons out of the general narrative of Yū nus and exemplified by article 136 of the Islamic Penal Code.

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APA: Copy

MOHSENI DEHKALANI, MOHAMMAD, ALIMORADI, AMANOLLAH, & NAZARPOUR, HAMZEH. (2019). Contemplation on the Jurisprudential Evidences of Article 136 of the Islamic Penal Code. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), 51(2 ), 443-458. SID. https://sid.ir/paper/198542/en

Vancouver: Copy

MOHSENI DEHKALANI MOHAMMAD, ALIMORADI AMANOLLAH, NAZARPOUR HAMZEH. Contemplation on the Jurisprudential Evidences of Article 136 of the Islamic Penal Code. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA)[Internet]. 2019;51(2 ):443-458. Available from: https://sid.ir/paper/198542/en

IEEE: Copy

MOHAMMAD MOHSENI DEHKALANI, AMANOLLAH ALIMORADI, and HAMZEH NAZARPOUR, “Contemplation on the Jurisprudential Evidences of Article 136 of the Islamic Penal Code,” FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), vol. 51, no. 2 , pp. 443–458, 2019, [Online]. Available: https://sid.ir/paper/198542/en

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