مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Persian Verion
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

video

Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

sound

Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Persian Version

Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View:

207
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Download:

0
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Cites:

Information Journal Paper

Title

Inadmissibility of Resorting to the Principle of Overriding for Inclusion of Article 167 of Constitution over Penal Lawsuits (Studying the Topic from the Viewpoint of Islamic Jurisprudence Rules and Islamic Penal Code)

Pages

  309-337

Abstract

 Inclusion or lack of inclusion of article 167 in the constitution towards penal lawsuits, has been disputable by lawyers from long time ago. In order to avoid breaching the principle of legality of crime and punishment in the constitution, most lawyers believe that article 167 is allocated by article 36 and it is not included penal lawsuits; but some lawyers by virtue of Principle of Overruling in Islamic jurisprudence, are going to generalize the concept of the word law to codified and uncodified law (Fiqh) and also place the penal lawsuits in the scope of inclusion of article 167. In this writing, while detailed explanation of the Principle of Overruling, it is proved that there are not the terms for implementing this principle in articles 167 and 36 from the viewpoints of Islamic jurisprudence. In the following, ignoring this fundamental problem, Referring to Fiqh in quadruple punishment has been examined based on Islamic penal code acted 1392; and resorting to the process of legislation in unspecified penalties and also the viewpoints of Imam Khomeini (Peace be upon him) and his practical procedure in law of penalties, it is proved that in this kind of punishments, we can not refer to Fiqh.

Cites

  • No record.

    • References

  • No record.

    • Cite

    APA: Copy

    JAFARI, HOSSEIN, & Khedri Amirian, Amin. (2021). Inadmissibility of Resorting to the Principle of Overriding for Inclusion of Article 167 of Constitution over Penal Lawsuits (Studying the Topic from the Viewpoint of Islamic Jurisprudence Rules and Islamic Penal Code). COMPARATIVE LAW (NAMEH-YE MOFID), 8(1 (15) ), 309-337. SID. https://sid.ir/paper/956726/en

    Vancouver: Copy

    JAFARI HOSSEIN, Khedri Amirian Amin. Inadmissibility of Resorting to the Principle of Overriding for Inclusion of Article 167 of Constitution over Penal Lawsuits (Studying the Topic from the Viewpoint of Islamic Jurisprudence Rules and Islamic Penal Code). COMPARATIVE LAW (NAMEH-YE MOFID)[Internet]. 2021;8(1 (15) ):309-337. Available from: https://sid.ir/paper/956726/en

    IEEE: Copy

    HOSSEIN JAFARI, and Amin Khedri Amirian, “Inadmissibility of Resorting to the Principle of Overriding for Inclusion of Article 167 of Constitution over Penal Lawsuits (Studying the Topic from the Viewpoint of Islamic Jurisprudence Rules and Islamic Penal Code),” COMPARATIVE LAW (NAMEH-YE MOFID), vol. 8, no. 1 (15) , pp. 309–337, 2021, [Online]. Available: https://sid.ir/paper/956726/en

    Related Journal Papers

  • No record.

    • Related Seminar Papers

  • No record.

    • Related Plans

  • No record.

    • Recommended Workshops






    Move to top