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Issue Info: 
  • Year: 

    2016
  • Volume: 

    12
  • Issue: 

    3
  • Pages: 

    537-578
Measures: 
  • Citations: 

    0
  • Views: 

    528
  • Downloads: 

    0
Abstract: 

CRIMINAL policy is an interdisciplinary system consisting of several interactive nation-state subsystems that attempt to address serious crimes and deviances by managing CRIMINAL justice through organizing the relationships between CRIMINAL science and actors within the CRIMINAL justice system in both theoretical and practical settings. As an important element at the most strategic level of soft power for any system of governance, CRIMINAL justice requires particular attention since any inefficiency in development and monitoring of the national CRIMINAL policy system may lead to efficiency crisis or even legitimacy crisis of a regime. Despite its several strengths, CRIMINAL policy of the Islamic Republic of Iran suffers a number of weaknesses including unevaluated strategies developed at macro level to govern legislative, judicial, and executive decisions made by legal authorities in the country. Reviewing the significance of localization of CRIMINAL policy, the present article draws on an analytical approach to describe instances that indicate a crisis resulting from lack of a localized CRIMINAL policy in the Islamic Republic of Iran. In particular, it examines the process of formation and development of traditional anti-rationalist approaches to penal JURISPRUDENCE through a scrutiny of how such approaches hindered realization of ultimate goals in terms of CRIMINAL justice at the macro level of the Iranian CRIMINAL system. On the other hand, a number of approaches are proposed to strengthen the opposite view that draws on the legal capacities of Islamic JURISPRUDENCE to localize a CRIMINAL policy centered on Islamic penal JURISPRUDENCE and to partially meet the requirements for the development of an Islamic-Iranian progress model within the realm of CRIMINAL policy system.

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Author(s): 

Rezaei Rahmatollah

Journal: 

Issue Info: 
  • Year: 

    2022
  • Volume: 

    1
  • Issue: 

    4
  • Pages: 

    9-18
Measures: 
  • Citations: 

    0
  • Views: 

    108
  • Downloads: 

    0
Abstract: 

"Anencephaly" is a fatal and incurable defect that due to the destruction of nerve tissue prevents the formation of the skull and brain in the fetus or infants. This can be recognized during the fetal period and at birth. Explaining the jurisprudential and legal status of anencephaly is one of the topics of CRIMINAL law challenge that the author of this article has tried to address. A fetus with such complications is considered a malformed fetus, and under certain conditions, medical abortion is permissible. Anencephalic infants are also very short-lived due to retardation and severe structural disorders of nerve tissue, but this does not mean that they are brain dead or uninhabited. However, the situation of these people is compatible with the state of insanity.

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

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Author(s): 

HABIBZADEH M.J.

Issue Info: 
  • Year: 

    2001
  • Volume: 

    4
  • Issue: 

    4(Tome 17)
  • Pages: 

    35-52
Measures: 
  • Citations: 

    0
  • Views: 

    7926
  • Downloads: 

    0
Abstract: 

Bribery is known as a pJlblic crime. It is relized by two parties: briber and bribee. Without paying attention to view of private CRIMINAL law and criminology, in this research wehave investigated the substance of bribery, whether does it alocate to subject of judgment, is active corruption and passive corruption a single crime and finallyhow the question of taken goods by bribery must be treated. It is concluded that bribery doesnt alocate to judgment, active and passive corruption which are independent crime and the third result is the property must be return to its owner. Even if the legislature can design the equivalent of the taken goods as a pecunary which must be paid by defendant.

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

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    14
  • Issue: 

    51
  • Pages: 

    169-190
Measures: 
  • Citations: 

    0
  • Views: 

    1044
  • Downloads: 

    0
Abstract: 

The principle of penal economy is one of the most fundamental principles in the field of CRIMINAL law that eliminates the difficulties and complexities of CRIMINAL law as one of the constraints on the rights and freedoms of citizens with a slight degree of consolation and consistency. In fact, this principle seeks to delimit the scope of the CRIMINAL law intervention in the area of citizen rights and freedoms. The commitment to the principle of CRIMINAL economy not only provides for the optimal use of CRIMINAL law in its proper place, but also at the same time provides grounds for the attention of the CRIMINAL policy of Islam to the use of social-legal instruments and institutions. The rule of the shamefulness of punishment without notice of law, the rule of INTERPRETATION in favor of defendant in the face of doubt, the principle of precaution in cases involving life, reputation, sexual chastity and property, the principle of narrow INTERPRETATION, the principle of the obligation of judge to be strict at the stage of proof of the crime and the principle and foundation of hudud on tolerance and mitigation in the implementation of penalties, the principle of tolerance, the principle of legitimacy of the expediency in determining the punishment, and the principle of non-authority justify the establishment of such a principal. Without doubt, the application of this principle in the process of punishment will result in a non-inflaming CRIMINAL system and, moreover, it can pave the way for the realization of CRIMINAL justice.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2025
  • Volume: 

    8
  • Issue: 

    24
  • Pages: 

    -
Measures: 
  • Citations: 

    0
  • Views: 

    13
  • Downloads: 

    0
Abstract: 

One of the crimes that has always been discussed in JURISPRUDENCE and established law, and in recent years, in addition to legal aspects, it has also taken on political dimensions and has even led to questions about it from non-specialists, is the crime of blasphemy This CRIMINAL title is mentioned at the beginning of Article 513 of the Islamic Penal Code (Book Five of the Ta’zirat) approved in 1375, but no definition has been provided for it. Most Sunni jurists and all Shiite jurists have discussed this issue in their jurisprudential works on the issue of insulting the Prophet, which is one of the main examples of blasphemy, some in the chapter on Hudud, and some at the end of the discussion on Qisas. From the perspective of jurists, whether Shiite or Sunni, the concept of blasphemy is ambiguous, and the only way to disambiguate this CRIMINAL title is to examine its jurisprudential foundations. This research intends to identify and analyze the comprehensive value and, possibly, the basic differences and similarities of each of these schools of thought regarding this crime by delving into reliable Shiite and Sunni jurisprudential sources. The simplicity of the concept of blasphemy and its examples, as well as the type of punishment that has been determined for it in the Five religions are among the ambiguity of the subject, which can be imagined as variables related to the issue.

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Author(s): 

JAVIDI MOJTABA

Issue Info: 
  • Year: 

    2013
  • Volume: 

    9
  • Issue: 

    33
  • Pages: 

    35-54
Measures: 
  • Citations: 

    0
  • Views: 

    1470
  • Downloads: 

    0
Abstract: 

The logical usages is the practical way or mental opinion of all the rational people all over the world, regardless of their spatial, temporal and religious differences, which find it useful and good in dealing with a phenomenon. There are two general views about the criteria of validity of logical usage: first, instrumental validity and second, per se validity. The validity of new usages is based on second view. Although logical usages are used by jurists in CRIMINAL JURISPRUDENCE but it seems that it should has more important role in CRIMINAL JURISPRUDENCE. Some of its applications in the CRIMINAL JURISPRUDENCE are: the definition of “Herz”(protected), what is robbed needs to be property, the criterion of Roshd (growth), the mere CRIMINAL intent has no punishment, the community needs to regulate, impose CRIMINAL penalties and restrict freedom, financial penalties as a kind of “Tazir”(punishment).

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

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    7
  • Issue: 

    2
  • Pages: 

    55-78
Measures: 
  • Citations: 

    0
  • Views: 

    145
  • Downloads: 

    19
Abstract: 

Purpose: The science of INTERPRETATION, as the most important science responsible for understanding the Qur'an, needs to be methodized and updated so that the teachings of the Qur'an can be used easily for all classes of people. In the present study, the meaning of "future research in INTERPRETATION" is the ability to create desirable models for more efficient INTERPRETATION in the future, by using scientific tools, creativity and relying on the foundations and rules of INTERPRETATION and compensating the damages of INTERPRETATION in the past.Method: This research, with descriptive analytical method, answers the question, what are the fields and requirements of future research in INTERPRETATION? Findings: The results of the current research are based on the fact that special attention to the Qur'an, as the most important source of INTERPRETATION, rationality and methodical consideration in INTERPRETATION, attention to the prerequisites of INTERPRETATION, INTERPRETATION based on the requirements of the time, the need to pay attention to thematic INTERPRETATION, studying on the history of INTERPRETATION and observing the manners and conditions of INTERPRETATION are one of the most important requirements of INTERPRETATION in the future. Results: Considering the developments that will take place in the field of knowledge, methods and expectations from science in the future, the INTERPRETATION will also change. For this reason, in order not to cause various damages to the INTERPRETATION of the Qur'an, it is necessary to pay attention to the various contexts, principles and requirements of the INTERPRETATION of the Qur'anic commentators and scholars.

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Author(s): 

SABERI H.

Issue Info: 
  • Year: 

    2002
  • Volume: 

    -
  • Issue: 

    57
  • Pages: 

    12-32
Measures: 
  • Citations: 

    1
  • Views: 

    1185
  • Downloads: 

    0
Abstract: 

Although the knowledge of the principles of JURISPRUDENCE is referred to as the logic of JURISPRUDENCE, this knowledge itself depends on principles and foundations which, in the modem literature, have somehow been considered as belonging to the philosophy of JURISPRUDENCE; or perhaps they should be considered as belonging to the philosophy of the principles of JURISPRUDENCE. Among these foundationsare "principality of causal INTERPRETATION" and "principality of devotion". Although, traditionally, these principles have not been discussed in detail in the principles of JURISPRUDENCE, they form the underlying basis of the fatwas and jurisprudential schools. In the present article, the writer discusses these principles, defines the domains of each, and clarifiers, in particular, the position of Shi" ite Muslims in this regard.

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

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Issue Info: 
  • Year: 

    2016
  • Volume: 

    3
  • Issue: 

    2
  • Pages: 

    45-70
Measures: 
  • Citations: 

    0
  • Views: 

    1879
  • Downloads: 

    0
Abstract: 

Interpretive approach refers to the main ideas which construct the interpretive method of a judge or a jurist. We classify the interpretive approaches as intentional and functional attitudes. Feqh (Islamic JURISPRUDENCE) proceeds two purposes in INTERPRETATION; discovery of divine rules and integrity of INTERPRETATION. for these aims, Islamic jurists leads to the text and they are mostly textualist. However, sometimes the context helps the jurist to understand the hidden rules. In other hand, they attend to systemic INTERPRETATION, legal essentialism, sovereignty of legal principles and legal deduction. In contrast, pragmatic INTERPRETATION justifies the plural views, does not need to deduction and is anti-essentialist. this article tries to state these dimensions of the approaches and study the INTERPRETATION of Feqh in a methodological way. In that way, we define the meaning of approach.then introduce the characteristics of each approaches. The result is that, every approach has it’s own advantages and disadvantages. The jurist must choose the one which is more useful for his/her society.

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

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    9
  • Issue: 

    2
  • Pages: 

    203-224
Measures: 
  • Citations: 

    0
  • Views: 

    36
  • Downloads: 

    0
Abstract: 

Some legal and jurisprudential issues, such as the ruling on Bagh'i and Moharebeh, have a long history in Islam. However, in the field of crimes against security and public welfare of Muslims, as well as in relation to the crime of Bagh'i and similar crimes, a complex fusion of rules and laws has led to different reactions. This type of conflict is often resolved in an environment where both parties to the conflict are Muslims. With the establishment of the Islamic Republic of Iran, in order to implement the fourth principle of the constitution to Islamize the laws, and the need to expand the scope of the concept of security, the rebellion of the “Boghat” has been considered an action against the Islamic government and righteous Imam. However, since this revolt has a political nature, this uprising under the title of “Bagh’I” has been studied more in the jurists' research under “Jihad Baghian”.In this research, the doctrine of countering the revolt and a solution to resolve internal conflicts in Islamic society with a peaceful approach and relying on the brotherhood of all Muslims is investigated, to return to the standards of Sharia based on peace and tolerance, and the themes of Islamic law are scientifically explained and compared with Iran's CRIMINAL laws. Thus, it turns out that the basis of the CRIMINAL policy of the Islamic Republic of Iran in this category is significantly different from the approach of Islamic law, and despite the efforts made in the Islamic Penal Code of 1392; it is still not completely in line with the spirit of Islamic penal policy. 

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