Examining the Ambiguities and Challenges of Article 637 Tazirat Act During Sentencing and the Enforcement of Punishments with the Approach to the Practice of Criminal Courts

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SADEGHNEJAD NAEINI MAJID

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Journal: PAZHOUHESH NAME HOGHOUGH E KEYFARI Year:2020 | Volume:10 | Issue:2 (20) Page(s): 55-84

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Title

Examining the Ambiguities and Challenges of Article 637 Tazirat Act During Sentencing and the Enforcement of Punishments with the Approach to the Practice of Criminal Courts

Author(s)

SADEGHNEJAD NAEINI MAJID | Issue Writer Certificate

Keywords

Illegal intercourseQ1

The practice of chastityQ1

The Article 637 of Tazirat Act 1998Q1

Sexual offencesQ1

Religious written tazirQ1

Abstract

The offence which is clarified in Article 637 of Tazirat Act 1998 is about illegitimate relationship and The practice of chastity-not Illegal intercourse-. The legislature has expressed that the punishment of this crime is lash. Two criminal headings in this Article are so vague and Interpretable. This causes different verdicts in similar cases and because of that the courts don’ t have similar case law in this sphere. The result of this descriptive-analytic research is that the case of covetousness (intercourse of naked man and woman) according to the jurisprudential views and narratives can be considered as written ta'zir. But The practice of chastity which is not related to physical contact can not be regarded as written ta'zir.

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APA: Copy

SADEGHNEJAD NAEINI, MAJID. (2020). Examining the Ambiguities and Challenges of Article 637 Tazirat Act During Sentencing and the Enforcement of Punishments with the Approach to the Practice of Criminal Courts. PAZHOUHESH NAME HOGHOUGH E KEYFARI, 10(2 (20) ), 55-84. SID. https://sid.ir/paper/379861/en

Vancouver: Copy

SADEGHNEJAD NAEINI MAJID. Examining the Ambiguities and Challenges of Article 637 Tazirat Act During Sentencing and the Enforcement of Punishments with the Approach to the Practice of Criminal Courts. PAZHOUHESH NAME HOGHOUGH E KEYFARI[Internet]. 2020;10(2 (20) ):55-84. Available from: https://sid.ir/paper/379861/en

IEEE: Copy

MAJID SADEGHNEJAD NAEINI, “Examining the Ambiguities and Challenges of Article 637 Tazirat Act During Sentencing and the Enforcement of Punishments with the Approach to the Practice of Criminal Courts,” PAZHOUHESH NAME HOGHOUGH E KEYFARI, vol. 10, no. 2 (20) , pp. 55–84, 2020, [Online]. Available: https://sid.ir/paper/379861/en

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