PARDON IN THE IRANIAN PENAL CODE AND ITS LEGAL EXAMINATION

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QUDSI SAYYID IBRAHIM; SUJUDI SAYYID RIDA

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Paper Information

Journal: JOURNAL OF ISLAMIC STUDIES Year:2007 | Volume:- | Issue:75 (ISLAMIC LAWS AND JURISPRUDENCE) Page(s): 131-174

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Information Journal Paper

Title

PARDON IN THE IRANIAN PENAL CODE AND ITS LEGAL EXAMINATION

Author(s)

QUDSI SAYYID IBRAHIM | SUJUDI SAYYID RIDA | Issue Writer Certificate

Keywords

GENERAL AMNESTYQ3

PRIVATE PARDONINGQ3

FORMULA (SIQA) OF PARDONQ3

PARDONERQ3

PARDONEDQ3

GUARDIAN (WALI-YYA AMR)Q3

Abstract

Pardon is one of the factors in the lapse or commutation of penalty as well as a means for showing kindness and affection to the convicted which is granted by the most high- anking official of the country or the legislation authority. The pardon granted by the most high-ranking official is called PRIVATE PARDONING and the other is called GENERAL AMNESTY. The qualifications for granting pardon had been predicted in' the law before the Islamic Revolution.However, it has been neglected in the penal code after the victory of the Islamic Revolution and it is only by detailed interpretation on law 71 of the IRI constitution that granting GENERAL AMNESTY may apparently be regarded as in the jurisdiction of Islamic Consultative Assembly. Nowadays, there is disagreement among the experts concerning' the types of pardon and their quality; and it is still unclear whether the pardon granted by the most high-ranking official is of the public (general) or private type.According to clause 11 of principle 110 of the constitution and article 24 of the Islamic penalty law, pardon has to be proposed by the head of judiciary and confirmed by the Leader; the nature of the stipulation "within Islamic standards" in the above-mentioned clause and article is not explicated in the codified laws and it is inevitably required to refer to reliable, jurisprudential sources and legal judgments of the renowned jurists. The research presented in this article may remove the ambiguities and brevities regarding pardon, since no comprehensive and independent investigation has so far been made in relation to this issue and the jurisdiction limits of the authorities granting pardon as well as different kinds of penalties in which granting pardon may be feasible are not specified in the statuary laws, thus suffering certain shortcomings.

Cites

GENERAL PREVENTIVE STRATEGIES OF VICTIMIZATION IN THE VIEW OF QURAN AND ISLAMIC TRADITIONS

References

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APA: Copy

QUDSI, SAYYID IBRAHIM, & SUJUDI, SAYYID RIDA. (2007). PARDON IN THE IRANIAN PENAL CODE AND ITS LEGAL EXAMINATION. JOURNAL OF ISLAMIC STUDIES, -(75 (ISLAMIC LAWS AND JURISPRUDENCE)), 131-174. SID. https://sid.ir/paper/29589/en

Vancouver: Copy

QUDSI SAYYID IBRAHIM, SUJUDI SAYYID RIDA. PARDON IN THE IRANIAN PENAL CODE AND ITS LEGAL EXAMINATION. JOURNAL OF ISLAMIC STUDIES[Internet]. 2007;-(75 (ISLAMIC LAWS AND JURISPRUDENCE)):131-174. Available from: https://sid.ir/paper/29589/en

IEEE: Copy

SAYYID IBRAHIM QUDSI, and SAYYID RIDA SUJUDI, “PARDON IN THE IRANIAN PENAL CODE AND ITS LEGAL EXAMINATION,” JOURNAL OF ISLAMIC STUDIES, vol. -, no. 75 (ISLAMIC LAWS AND JURISPRUDENCE), pp. 131–174, 2007, [Online]. Available: https://sid.ir/paper/29589/en

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