CONDITIONS APPLYING TO ÂDAREÂ RULE IN EMAMIYE JURISPRUDENCE AND ISLAMIC PENAL CODE

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SADATI S.M.M.

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Journal: ISLAMIC LAW AND JURISPRUDENCE STUDIES Year:2016 | Volume:8 | Issue:14 Page(s): 113-146

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Title

CONDITIONS APPLYING TO ÂDAREÂ RULE IN EMAMIYE JURISPRUDENCE AND ISLAMIC PENAL CODE

Author(s)

SADATI S.M.M. | Issue Writer Certificate

Keywords

“DARE” RULEQ1

HUDUD PRESCRIBED BY THE GODQ1

MISTAKE OF LAWQ1

MISTAKE OF FACTQ2

DECRIMINALIZATIONQ2

Abstract

Islamic government claims execution of divine punishment in the “Absence” period. However, in some cases, carelessness and discounts in execution of these punishments, without closure of them, has been specified by Holy legislator. “DARE” RULE is one of the rules that achieved from the tolerance procedure of Holy legislator in execution of “Hodud”. The content of this rule is placed in 2 Articles of Islamic penal code. Contents of these article shows that this rule is interpreted so wide in compliance with the jurists that believe the closure of Hodud in “Absence” period.So study of these articles and review the content of this rule, in the way that Hodud is be implemented and also the tolerance procedure of Holy legislator is followed, is inevitable. This article by analytical method, using jurisprudence sources in this issue and considering the way of elicitation of this rule, is tried to submit new interpretation of this rule that includes only the certain cases.The findings of this article show that “DARE” RULE includes Hodud in its special meaning and Tazirat punishment which is related to divine right. Also this rule includes mental element and criminal responsibility and is apart from legal and physical elements of crimes.

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APA: Copy

SADATI, S.M.M.. (2016). CONDITIONS APPLYING TO ADAREA RULE IN EMAMIYE JURISPRUDENCE AND ISLAMIC PENAL CODE. ISLAMIC LAW AND JURISPRUDENCE STUDIES, 8(14 ), 113-146. SID. https://sid.ir/paper/229822/en

Vancouver: Copy

SADATI S.M.M.. CONDITIONS APPLYING TO ADAREA RULE IN EMAMIYE JURISPRUDENCE AND ISLAMIC PENAL CODE. ISLAMIC LAW AND JURISPRUDENCE STUDIES[Internet]. 2016;8(14 ):113-146. Available from: https://sid.ir/paper/229822/en

IEEE: Copy

S.M.M. SADATI, “CONDITIONS APPLYING TO ADAREA RULE IN EMAMIYE JURISPRUDENCE AND ISLAMIC PENAL CODE,” ISLAMIC LAW AND JURISPRUDENCE STUDIES, vol. 8, no. 14 , pp. 113–146, 2016, [Online]. Available: https://sid.ir/paper/229822/en

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