STUDY OF THE RELATIONSHIP BETWEEN CRIMINALIZATION AND PROHIBITION IN THE LIGHT OF THE RULE ?DISCRETIONARY PUNISHMENT IS PRESCRIBED FOR ANY FORBIDDEN ACT OR VIOLATION?

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GHOLAMI ALI

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Journal: ISLAMIC LAW RESEARCH JOURNAL Year:2018 | Volume:19 | Issue:1 (47) Page(s): 27-48

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Title

STUDY OF THE RELATIONSHIP BETWEEN CRIMINALIZATION AND PROHIBITION IN THE LIGHT OF THE RULE ?DISCRETIONARY PUNISHMENT IS PRESCRIBED FOR ANY FORBIDDEN ACT OR VIOLATION?

Author(s)

GHOLAMI ALI | Issue Writer Certificate

Keywords

DISCRETIONARYQ1

SINQ1

CRIMINALIZATIONQ2

PROHIBITIONQ2

Abstract

The relation between criminal law and morality originated from variety of Islamic juristic rules especially the well-known principle rule in Islamic criminal law saying: “DISCRETIONARY punishment is prescribed for any forbidden act or violation”.Although there is a consensus over the originality of this rule, there are different ideas about the determination the scope of the ruleDespite the all different ideas, it seems that the” DISCRETIONARY punishment is prescribed for any forbidden act or violation” is a general rule in theoretical view. This thesis distinguishes between the theoretical perspective and practical one. In the case of theory, it holds a maximum support of morality by criminal law; in contrast practical approach of Islamic criminal law holds a type of support according to requirements and conditions drawn by the ruler or the leader.

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APA: Copy

GHOLAMI, ALI. (2018). STUDY OF THE RELATIONSHIP BETWEEN CRIMINALIZATION AND PROHIBITION IN THE LIGHT OF THE RULE ?DISCRETIONARY PUNISHMENT IS PRESCRIBED FOR ANY FORBIDDEN ACT OR VIOLATION?. ISLAMIC LAW RESEARCH JOURNAL, 19(1 (47) ), 27-48. SID. https://sid.ir/paper/229433/en

Vancouver: Copy

GHOLAMI ALI. STUDY OF THE RELATIONSHIP BETWEEN CRIMINALIZATION AND PROHIBITION IN THE LIGHT OF THE RULE ?DISCRETIONARY PUNISHMENT IS PRESCRIBED FOR ANY FORBIDDEN ACT OR VIOLATION?. ISLAMIC LAW RESEARCH JOURNAL[Internet]. 2018;19(1 (47) ):27-48. Available from: https://sid.ir/paper/229433/en

IEEE: Copy

ALI GHOLAMI, “STUDY OF THE RELATIONSHIP BETWEEN CRIMINALIZATION AND PROHIBITION IN THE LIGHT OF THE RULE ?DISCRETIONARY PUNISHMENT IS PRESCRIBED FOR ANY FORBIDDEN ACT OR VIOLATION?,” ISLAMIC LAW RESEARCH JOURNAL, vol. 19, no. 1 (47) , pp. 27–48, 2018, [Online]. Available: https://sid.ir/paper/229433/en

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