The Philosophy of the Exercise of Restrictive Punishments under the Criteria of Discretionary Punishment

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SADEGHI MOHAMMAD HADI; RIAHI JAVAD

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Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2020 | Volume:16 | Issue:58 Page(s): 124-145

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Information Journal Paper

Title

The Philosophy of the Exercise of Restrictive Punishments under the Criteria of Discretionary Punishment

Author(s)

SADEGHI MOHAMMAD HADI | RIAHI JAVAD | Issue Writer Certificate

Keywords

Proportion of act and reactionQ1

Criminal's characterQ1

Victim's interestsQ1

Restrictive punishmentQ1

Abstract

According to the sources of Islamic jurisprudence, expediency of judge in the selection of discretionary punishment means that the judge should choose the best reaction by considering the criteria related to three elements of crime, victim and criminal. Therefore, the examination of these elements demonstrates the reactions that may be chosen. The present study, using a descriptive– analytical method, has examined criteria related to those elements and has found out that the consideration of the criteria and norms of discretionary punishment, sometimes, necessitate the exercise of the Restrictive punishment as the most advisable and the most effective reaction. Therefore, judges should determine Restrictive punishment in appropriate cases and legislator and judicial directors should guide and conduct judges to exercise the Restrictive punishments in those situations.

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APA: Copy

SADEGHI, MOHAMMAD HADI, & RIAHI, JAVAD. (2020). The Philosophy of the Exercise of Restrictive Punishments under the Criteria of Discretionary Punishment. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 16(58 ), 124-145. SID. https://sid.ir/paper/391868/en

Vancouver: Copy

SADEGHI MOHAMMAD HADI, RIAHI JAVAD. The Philosophy of the Exercise of Restrictive Punishments under the Criteria of Discretionary Punishment. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2020;16(58 ):124-145. Available from: https://sid.ir/paper/391868/en

IEEE: Copy

MOHAMMAD HADI SADEGHI, and JAVAD RIAHI, “The Philosophy of the Exercise of Restrictive Punishments under the Criteria of Discretionary Punishment,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 16, no. 58 , pp. 124–145, 2020, [Online]. Available: https://sid.ir/paper/391868/en

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