Legislative-executive critique, the philosophy of punishment of repentant criminals in ta'zir crimes non-Determined

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Jalili Amin; Sadati Seyed Mohamad Mehdi

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Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW Year:2021 | Volume:14 | Issue:27 Page(s): 128-147

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Information Journal Paper

Title

Legislative-executive critique, the philosophy of punishment of repentant criminals in ta'zir crimes non-Determined

Author(s)

Jalili Amin | Sadati Seyed Mohamad Mehdi | Issue Writer Certificate

Keywords

RepentanceQ1

Governmental PunishmentsQ1

Philosophy of PunishmentQ2

Islamic Criminal PolicyQ1

Judicial OfficialsQ1

Abstract

True Repentance is rebirth. The great change in the soul of the repentant person causes him to wisely and unhesitatingly accept responsibility for his mistake and seek to correct the past and prepare for the future. The action of the criminal legislature to limit the influence of the institution of Repentance in the partial fall of the government's punitive punishments and the inability of the judiciary to issue a moratorium on prosecution is contrary to the rationality and spirituality hidden in Islamic Criminal Policy and the judiciary being a judge. The organization of the judicial cycle of the Islamic Republic of Iran on the criminal policy of Islamic punishment requires the reliance of the penitentiary on the criminal response to the act of punishment. Therefore, it is appropriate for the divine institution of Repentance in criminal law to be the muscat of punishment for all punitive crimes of the government by all judicial authorities. Avoiding criminalism and paying attention to moral values and social interests in the legislative stage and preventing procrastination and increasing the volume of cases in the executive dimension, are among the goals of the author to take this position.

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APA: Copy

Jalili, Amin, & Sadati, Seyed Mohamad Mehdi. (2021). Legislative-executive critique, the philosophy of punishment of repentant criminals in ta'zir crimes non-Determined. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, 14(27 ), 128-147. SID. https://sid.ir/paper/410399/en

Vancouver: Copy

Jalili Amin, Sadati Seyed Mohamad Mehdi. Legislative-executive critique, the philosophy of punishment of repentant criminals in ta'zir crimes non-Determined. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW[Internet]. 2021;14(27 ):128-147. Available from: https://sid.ir/paper/410399/en

IEEE: Copy

Amin Jalili, and Seyed Mohamad Mehdi Sadati, “Legislative-executive critique, the philosophy of punishment of repentant criminals in ta'zir crimes non-Determined,” JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, vol. 14, no. 27 , pp. 128–147, 2021, [Online]. Available: https://sid.ir/paper/410399/en

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