THE JURISPRUDENTIAL AND LEGAL EXAMINATION OF THE DISCRETIONARY PUNISHMENT WITH RESPECT TO THE ISLAMIC PENAL CODE APPROVED 2013

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SARIKHANI ADEL; KARAMI RUHOLLAH

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Paper Information

Journal: PAZHOUHESH NAME HOGHOUGH E KEYFARI Year:2015 | Volume:5 | Issue:2 Page(s): 139-162

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Information Journal Paper

Title

THE JURISPRUDENTIAL AND LEGAL EXAMINATION OF THE DISCRETIONARY PUNISHMENT WITH RESPECT TO THE ISLAMIC PENAL CODE APPROVED 2013

Author(s)

SARIKHANI ADEL | KARAMI RUHOLLAH | Issue Writer Certificate

Keywords

THE ISLAMIC PENAL CODE APPROVED 2013Q1

PRESCRIBED PUNISHMENTQ2

DISCRETIONARY PUNISHMENTQ2

PREVENTIVE PUNISHMENTQ3

DISCRETIONARY PUNISHMENT SPECIFIED BY THE QUR'AN AND HADITHQ1

Abstract

The Islamic penal code, approved 2013, has recognized the legislature, as the only competent authority, to specify DISCRETIONARY PUNISHMENT and integrate the PREVENTIVE PUNISHMENTs with DISCRETIONARY PUNISHMENTs. This has been an effective step in the evolution of the country’s criminal system in the field of the crimes punishable by DISCRETIONARY PUNISHMENT which makes an important part in crimes list. However, classifying the DISCRETIONARY PUNISHMENTs into two categories of the punishments expressly stated in the Qur'an and Hadith and the punishments not stated in them, and attributing numerous legal effects to such classification will be problematic if no specific criterion is provided to discern them. In this paper, we have tried to draw a criterion to discriminate these two categories of the punishments, and based on studying the jurisprudence fundamentals, to clarify the legal problems applicable to this issue.

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APA: Copy

SARIKHANI, ADEL, & KARAMI, RUHOLLAH. (2015). THE JURISPRUDENTIAL AND LEGAL EXAMINATION OF THE DISCRETIONARY PUNISHMENT WITH RESPECT TO THE ISLAMIC PENAL CODE APPROVED 2013. PAZHOUHESH NAME HOGHOUGH E KEYFARI, 5(2), 139-162. SID. https://sid.ir/paper/246721/en

Vancouver: Copy

SARIKHANI ADEL, KARAMI RUHOLLAH. THE JURISPRUDENTIAL AND LEGAL EXAMINATION OF THE DISCRETIONARY PUNISHMENT WITH RESPECT TO THE ISLAMIC PENAL CODE APPROVED 2013. PAZHOUHESH NAME HOGHOUGH E KEYFARI[Internet]. 2015;5(2):139-162. Available from: https://sid.ir/paper/246721/en

IEEE: Copy

ADEL SARIKHANI, and RUHOLLAH KARAMI, “THE JURISPRUDENTIAL AND LEGAL EXAMINATION OF THE DISCRETIONARY PUNISHMENT WITH RESPECT TO THE ISLAMIC PENAL CODE APPROVED 2013,” PAZHOUHESH NAME HOGHOUGH E KEYFARI, vol. 5, no. 2, pp. 139–162, 2015, [Online]. Available: https://sid.ir/paper/246721/en

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