Whether the Article 167 of the Constitution Rules Penal Cases or Not With an Eye to Islamic Penal Code 1392/2013

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Haji dehabadi Ahmad

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Journal: Islamic jurisprudence Resaerch Year:2016 | Volume:12 | Issue:2 Page(s): 257-288

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Information Journal Paper

Title

Whether the Article 167 of the Constitution Rules Penal Cases or Not With an Eye to Islamic Penal Code 1392/2013

Author(s)

Haji dehabadi Ahmad | Issue Writer Certificate

Keywords

the Article 167 of the ConstitutionQ3

the rule of ‘Q1

punishment except in accordance to lawQ1

principle of ‘Q1

there is no crime except in accordance to law’Q1

doctrine of ‘Q1

innocence’Q1

principle of the ‘Q1

rule of law’Q1

Abstract

According to the Article 167 of the Constitution ‘ the judge is bound to endeavor to judge each case on the basis of the codified law. In case of the absence of any such law, he has to deliver his judgment on the basis of authoritative Islamic sources and authentic fatwa. ’ There is no dispute about that the judge can (and even has to) refer to authoritative Islamic sources. In penal cases, however, some people agree and some others disagree. Those who agree make reference to the above Article and those who disagree to the Article 36 of the Constitution. Because of certain problems in referring to fiqh (jurisprudence), some scholars think that this principle dose not rule penal cases; and, where there is no law, they insist to acquit [the charged]. In the present article, attempts are made to explain the subject of dispute; and, then, the author goes to judge between proponents and opponents. In this regard, the Islamic punishment Code 1392/2013 has been discussed and emphasis has been put on the point that in penal cases, fiqh can be referred to; though, in this regard, there are certain points which should be taken into account.

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APA: Copy

Haji dehabadi, Ahmad. (2016). Whether the Article 167 of the Constitution Rules Penal Cases or Not With an Eye to Islamic Penal Code 1392/2013. ISLAMIC JURISPRUDENCE RESEARCH, 12(2 ), 257-288. SID. https://sid.ir/paper/220971/en

Vancouver: Copy

Haji dehabadi Ahmad. Whether the Article 167 of the Constitution Rules Penal Cases or Not With an Eye to Islamic Penal Code 1392/2013. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2016;12(2 ):257-288. Available from: https://sid.ir/paper/220971/en

IEEE: Copy

Ahmad Haji dehabadi, “Whether the Article 167 of the Constitution Rules Penal Cases or Not With an Eye to Islamic Penal Code 1392/2013,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 12, no. 2 , pp. 257–288, 2016, [Online]. Available: https://sid.ir/paper/220971/en

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