IDENTIFYING THE CONCEPT OF “SHARIA STIPULATED TA'ZIR” WITH THE EMPHASIS ON THE GUARDIAN COUNCIL’S DECISIONS

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SARIKHANI ADEL; MOHAMMAD HADI TAVAKOLPOUR

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Journal: JOURNAL OF PUBLIC LAW KNOWLEDGE Year:2016 | Volume:5 | Issue:14 Page(s): 95-115

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Title

IDENTIFYING THE CONCEPT OF “SHARIA STIPULATED TA'ZIR” WITH THE EMPHASIS ON THE GUARDIAN COUNCIL’S DECISIONS

Author(s)

SARIKHANI ADEL | MOHAMMAD HADI TAVAKOLPOUR | Issue Writer Certificate

Keywords

TA'ZIR

SHARIA STIPULATED TA'ZIR

PENAL POLICY OF ISLAM

ISLAMIC PENAL CODE ACT

GUARDIAN COUNCIL’S DECISIONS

Abstract

The “Sharia Stipulated TA'ZIR” which was established in the ISLAMIC PENAL CODE ACT of 2014 in consequence of the Guardian Council’s objections, has been so far confronted with different interpretations due to the absence of its definition by the legislator. Since the Guardian Council has led such institution to be legislated so as to eliminate some Sharia objections and also considering its purpose cause to introduce the proper interpretation in this regard, the correct interpretation, namely the decision of the Guardian Council is clarified in this research after examination, description and analysis of the documents, resources, relevant researches and also the detailed negotiations of the Guardian Council. Besides these, the necessity of such establishment is evaluated comparing with the PENAL POLICY OF ISLAM in this regard. The results of these examinations indicate that the concept of “Sharia Stipulated TA'ZIR” is cases in which the “Ta’zir” is made in Islamic traditions; whether its sentence is precisely determined or it is generally ruled. In addition, the study of PENAL POLICY OF ISLAM in this regard shows that with the absence of such TA'ZIR in the ISLAMIC PENAL CODE ACT, the relevant articles weren’t faced with objections. In return, the inclusiveness of the predicted institutions of this law over the all of Ta’zirs was in line with the PENAL POLICY OF ISLAM in this regard.

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APA: Copy

SARIKHANI, ADEL, & MOHAMMAD HADI, TAVAKOLPOUR. (2016). IDENTIFYING THE CONCEPT OF “SHARIA STIPULATED TA'ZIR” WITH THE EMPHASIS ON THE GUARDIAN COUNCIL’S DECISIONS. JOURNAL OF PUBLIC LAW KNOWLEDGE, 5(14 ), 95-115. SID. https://sid.ir/paper/267110/en

Vancouver: Copy

SARIKHANI ADEL, MOHAMMAD HADI TAVAKOLPOUR. IDENTIFYING THE CONCEPT OF “SHARIA STIPULATED TA'ZIR” WITH THE EMPHASIS ON THE GUARDIAN COUNCIL’S DECISIONS. JOURNAL OF PUBLIC LAW KNOWLEDGE[Internet]. 2016;5(14 ):95-115. Available from: https://sid.ir/paper/267110/en

IEEE: Copy

ADEL SARIKHANI, and TAVAKOLPOUR MOHAMMAD HADI, “IDENTIFYING THE CONCEPT OF “SHARIA STIPULATED TA'ZIR” WITH THE EMPHASIS ON THE GUARDIAN COUNCIL’S DECISIONS,” JOURNAL OF PUBLIC LAW KNOWLEDGE, vol. 5, no. 14 , pp. 95–115, 2016, [Online]. Available: https://sid.ir/paper/267110/en

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