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Information Journal Paper

Title

Detection of discretionary punishment: basis of exercitation of restrictive punishments of liberty in criminal jurisprudence

Pages

  289-312

Abstract

 An examination of the sources of Islamic jurisprudence demonstrates that determination of the discretionary punishment has been given to the expediency of judge. The explanation of the quality of recognizing discretionary punishment by judge, undoubtedly, is one of the important subject matters by which the community punishments' station in the Islamic penal policy is demonstrated. The present study using a descriptive– analytical method, has examined this matter and has found out the judge should "discover" the quality and quantity of discretionary punishment by the considering special criteria and norms and sometimes he may find community punishment as the most advisable reaction with regard to that criteria and norms. Therefore, necessity of the judge's discovering reaction demonstrates necessity of exercising community punishments. But still, it has not been completely prepared that's conditions and necessaries in penal policy of our country.

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  • Cite

    APA: Copy

    Sadeqi, Mohammad Hadi, & RIAHI, JAVAD. (2016). Detection of discretionary punishment: basis of exercitation of restrictive punishments of liberty in criminal jurisprudence. ISLAMIC JURISPRUDENCE RESEARCH, 12(2 ), 289-312. SID. https://sid.ir/paper/220969/en

    Vancouver: Copy

    Sadeqi Mohammad Hadi, RIAHI JAVAD. Detection of discretionary punishment: basis of exercitation of restrictive punishments of liberty in criminal jurisprudence. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2016;12(2 ):289-312. Available from: https://sid.ir/paper/220969/en

    IEEE: Copy

    Mohammad Hadi Sadeqi, and JAVAD RIAHI, “Detection of discretionary punishment: basis of exercitation of restrictive punishments of liberty in criminal jurisprudence,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 12, no. 2 , pp. 289–312, 2016, [Online]. Available: https://sid.ir/paper/220969/en

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