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Cites:

Information Journal Paper

Title

Religious Ta'zir in the shadow of a government decree

Pages

  65-82

Abstract

 One of the issues that has been included in the Islamic Penal Code in 2013 with the opinion of the Guardian Council is the issue of Religious Ta'zir. Religious Ta'zir have many ambiguities and questions Because its nature and examples have not been explained by the legislator. One of the questions is: Are the punishments prescribed in the Shari'a for the Religious Ta'zir a Shari'a decree or a Governmental Decree? or does the rule that says: in ta'zir, as the ruler deems it appropriate, include the Religious Ta'zir? This article wants to answer this question analytically and descriptively. Looking at the jurisprudential standards, it seems-against the opinion of the legislator-the rule that says: in ta'zir, as the ruler deems it appropriate, include the Religious Ta'zir. so the penalties imposed are government decrees. Because it is a general rule and the characteristics of a government decree are consistent with the rule and the words of the jurists and the words of the narrators are different.

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  • Cite

    APA: Copy

    REZANEZHAD, ALI, & MOHSENI DEHKALANY, MOHAMMAD. (2021). Religious Ta'zir in the shadow of a government decree. THE JUDICIARY’S LAW JOURNAL, 85(115 ), 65-82. SID. https://sid.ir/paper/413463/en

    Vancouver: Copy

    REZANEZHAD ALI, MOHSENI DEHKALANY MOHAMMAD. Religious Ta'zir in the shadow of a government decree. THE JUDICIARY’S LAW JOURNAL[Internet]. 2021;85(115 ):65-82. Available from: https://sid.ir/paper/413463/en

    IEEE: Copy

    ALI REZANEZHAD, and MOHAMMAD MOHSENI DEHKALANY, “Religious Ta'zir in the shadow of a government decree,” THE JUDICIARY’S LAW JOURNAL, vol. 85, no. 115 , pp. 65–82, 2021, [Online]. Available: https://sid.ir/paper/413463/en

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