QURAN AND THE PRINCIPLE OF LEGALITY OF CRIMES AND PUNISHMENTS

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

HASHEMI SEYYED HOSSEIN

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: QURAN, FIQH AND ISLAMIC LAW Year:2015 | Volume:1 | Issue:2 Page(s): 191-222

Download Full-Text

Persian Verion

View:

1,829

Download:

Cites:

Information Journal Paper

Title

QURAN AND THE PRINCIPLE OF LEGALITY OF CRIMES AND PUNISHMENTS

Author(s)

HASHEMI SEYYED HOSSEIN | Issue Writer Certificate

Keywords

PRINCIPLE OF LEGALITY OF CRIMES AND PUNISHMENTSQ2

RULE OF NO PUNISHMENT WITHOUT EXPLANATIONQ2

ISSUED EXPLANATIONQ2

RECEIVED EXPLANATIONQ2

NON-RETROACTIVITY OF CRIMINAL LAWQ2

STRICT INTERPRETATIONQ2

IGNORANCE OF LAW CLAIMQ2

Abstract

Based on the PRINCIPLE OF LEGALITY OF CRIMES AND PUNISHMENTS that is one of the most important principles in criminal law, there can be no crime and no punishment without a pre-existing penal law. This principle has been recognized before positive law with more emphasis and a wider range based on various jurisprudential evidences in shari’ah. According to the jurisprudential principles especially Quranic evidences, in juristic judgments (shari’ah derivative principles), exception in intellectual judgments God, because of his compassion to His servants, ought to confirm these kind of judgments by sending his prophets. From shari’ah perspective, the duties should be received by the legally competent person (mokallaf) and it not enough to be communicated only by divine legislator; because sending the prophets is not enough in itself, but it is a way to bring the messages to the servants and to give ultimatum to them. The principle of legality has some important consequences such as “non-retroactivity of criminal law”, “strict interpretation of criminal law” and “acceptance of the ignorance of the law claim”. Therefore, the Quranic and legal principles of legality of crimes and punishments, and its consequences has been discussed in the present article.

Cites

No record.

References

EXAMINING THE COUFLICT BETWEEN PRINCIPLE 167 OF THE IRANIAN CONSTITUTION AND THE PRINCIPLE OF THE LEGALITY OF CIRME AND PUNISHMENT

Cite

APA: Copy

HASHEMI, SEYYED HOSSEIN. (2015). QURAN AND THE PRINCIPLE OF LEGALITY OF CRIMES AND PUNISHMENTS. QURAN, FIQH AND ISLAMIC LAW, 1(2), 191-222. SID. https://sid.ir/paper/252249/en

Vancouver: Copy

HASHEMI SEYYED HOSSEIN. QURAN AND THE PRINCIPLE OF LEGALITY OF CRIMES AND PUNISHMENTS. QURAN, FIQH AND ISLAMIC LAW[Internet]. 2015;1(2):191-222. Available from: https://sid.ir/paper/252249/en

IEEE: Copy

SEYYED HOSSEIN HASHEMI, “QURAN AND THE PRINCIPLE OF LEGALITY OF CRIMES AND PUNISHMENTS,” QURAN, FIQH AND ISLAMIC LAW, vol. 1, no. 2, pp. 191–222, 2015, [Online]. Available: https://sid.ir/paper/252249/en

Related Journal Papers