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Information Journal Paper

Title

A Reflection on Extending the Implications and Examples of Hudud in the Islamic Penal Code of 2013

Pages

  71-94

Abstract

 Hadd is a punishment which cause, type, quantity and quality of its execution have been prescribed in the holy religion. Nevertheless, the Imamia jurists have different opinions about its causes, examples, type and implications. The Islamic penal code of 2013, not accepting the standard fatwa, has, mostly, adopted two attitudes of extensive criminalization and restrictive penalization in the area of hudud. Therefore, the extension of hudud domain has not been accompanied with the extension of penalties. Failing to be a regulated attitude, failure to determine, exactly, the limits of certain haddi crimes (crimes with fixed punishments), defective extension of hudud implications to religious taazirat which have been mentioned in hadiths, failure to declare the standard fatwa in determining the hudud, violation of the principle of nullum crimen, nulla poena sine praevia lege poenali, contradiction of this attitude with the decriminalization policy of the judiciary, penal inflation and the criminalization of hudud being affected by western human rights concepts are among the critiques as to this attitude. This paper concludes that the legislative criminal policy in the field of haddi crimes should adopt the principle of changeability of penalties, based on their inherent finalism and subsequently, in case of doubt as to whether a punishment is hadd or taazir, adopt the principle that the examples are taazirat.

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    APA: Copy

    Sadati, Sayyed Mohammad Mahdi, SADEGHI, MOHAMMAD HADI, & Gholamian Zali, Samad. (2019). A Reflection on Extending the Implications and Examples of Hudud in the Islamic Penal Code of 2013. QURANIC & HADITH STUDIES, 51(3 (118) ), 71-94. SID. https://sid.ir/paper/398749/en

    Vancouver: Copy

    Sadati Sayyed Mohammad Mahdi, SADEGHI MOHAMMAD HADI, Gholamian Zali Samad. A Reflection on Extending the Implications and Examples of Hudud in the Islamic Penal Code of 2013. QURANIC & HADITH STUDIES[Internet]. 2019;51(3 (118) ):71-94. Available from: https://sid.ir/paper/398749/en

    IEEE: Copy

    Sayyed Mohammad Mahdi Sadati, MOHAMMAD HADI SADEGHI, and Samad Gholamian Zali, “A Reflection on Extending the Implications and Examples of Hudud in the Islamic Penal Code of 2013,” QURANIC & HADITH STUDIES, vol. 51, no. 3 (118) , pp. 71–94, 2019, [Online]. Available: https://sid.ir/paper/398749/en

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