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Issue Info: 
  • Year: 

    2018
  • Volume: 

    9
  • Issue: 

    17
  • Pages: 

    235-256
Measures: 
  • Citations: 

    0
  • Views: 

    1551
  • Downloads: 

    0
Abstract: 

The time and place mean the requirements of time and place and issues, developments, circumstances, and conditions that take place in time and place. This meaning has been emphasized in hadiths as well. Time and space play a decisive role in the enforcement of hadd, so in the event of an interference of the expediency of the enforcement of hadd with a more meaningful expediency, hadd may be suspended temporarily or be enforced in a different way. Reviewing of hadiths as one of the sources of inference of judgments is important in this discussion. For example, delaying the execution of hadd for a pregnant or sick convict, the perpetrator’s taking refuge in a holy shrine, warming and cooling of the air, woman being in menstrual period, and non-enforcement of hadd in such cases as the enemy's land, hadd in case of the people of the book, the urgency, amnesty of criminals in war times, amnesty of unmarried women, hadd in famine year, and change in the quality of execution of hadd for a diseased person, the case where it is expedient to expedite enforcement of hadd. In this paper, the role of time and place and discussion of expediency in hadd punishments is considered in terms of delaying, stopping and changing the quality of the execution according to the hadiths and opinions of the jurists, and it is concluded that it is necessary to consider in case of hadd the expedience and to observe the requirements of time, place and persons.

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Author(s): 

HOSSEINI SEYED MOHAMMAD

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2008
  • Volume: 

    38
  • Issue: 

    1
  • Pages: 

    125-145
Measures: 
  • Citations: 

    2
  • Views: 

    8450
  • Downloads: 

    0
Abstract: 

To being synchronically effective, equitable and humanness, in anticipating and implementing of criminal sanctions, a ‘’penal policy’’ should utilize a range of punishments which be appropriate with the variety of crimes, diversity of criminals and difference of crime situations. This variety in quality and countity is highly considered in Islamic penal policy since establishment of fixed and certain punishments that includes ghesas, diat and hodood (retaliates, mulcts and penances), beside the flexible and uncertain punishments (taazirat). But the existence of sever dissensions among the Islamic jurists (foghaha) about the different aspects of hodood and –especially- in taazirat (discretive punishments), is the sign of incognition of the real nature of this two types of punishment. This ''juristicial ambiguity'' has been terminated to low results in use of the variety of these sanctions in legislative and judicial criminal policy of the Islamic Republic of Iran. The present essay, considers the different applications of these two terms (hodood and taazirat), as well as, the various juristic opinions about the extent, kinds and commands of hodood and taazirat. The first output of this research is to attract attentions to great disputes in juristic understoods about an important section of Islamic penal policy. However, the final aim of this essay is to notify about the ruining results of tendency to verbalition and negligence from the meaning and the base of Islamic juristiality (tafaghoh), which, has more harmful results in the context of policies including the criminal ones.

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Journal: 

MEDICAL LAW

Issue Info: 
  • Year: 

    2019
  • Volume: 

    13
  • Issue: 

    48
  • Pages: 

    137-156
Measures: 
  • Citations: 

    0
  • Views: 

    410
  • Downloads: 

    0
Abstract: 

In the criminal law of Islam, there are limits as one of the penalties aimed at creating a healthy society through the training of healthy people. The philosophy of the state of affairs, as well as the separation of the limits of other crimes and the rules of the special rules, can be determined by the type and importance of the values that are considered necessary for the creation of a healthy and clerical community searched. By studying in Islamic judgments, we conclude that we advise and advocate a mechanism for countering human rights violations in order to promote respect for human rights and freedoms, and to respect them as part of the natural rights of all people. In such a way that by creating a deterrent under the title of punishment, the discipline of human order and the confrontation with the transgression of dignity and the universal right for human evolution, it creates the level of reform in society and the individual. By examining the rulings and regulations relating to the limits, the problem of "preventing a crime", "reforming the offender" and "administering justice", "protecting and protecting the interests of the public", is determined by the establishment of a proper and coherent criminal policy, observing the principles Ethics and other teachings of religion are among the most important goals of the criminal system governing And reforming and educating individuals as the main goal. In this research, we have tried to rely on the principles of Islamic law and the principles of Islamic law to deepen the attention of the criminal law of Islam to the educational aspect of the criminals in the criminal proceeding concerning the cases examined to be placed.

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Journal: 

LEGAL CIVILIZATION

Issue Info: 
  • Year: 

    2022
  • Volume: 

  • Issue: 

  • Pages: 

    443-465
Measures: 
  • Citations: 

    0
  • Views: 

    267
  • Downloads: 

    0
Abstract: 

Basically, Multiplicity of crimes are committed by criminals who have a dangerous state. As a result, it is necessary to examine this issue in a special way. In Iran's penal system, the subject of multiplicity of crimes (especially material multiplicity) has faced many changes to the extent that the legislator has given a new form to these issues by approving the Islamic Penal Law approved in 2013 and then in the Law on Reducing the Punishment of Imprisonment, approved in 2019. These noticeable changes have faced the writers with a challenging problem,The question that exists is that the material multiplicity of crime (Hodood, Retaliation and Diat) from the perspective of Iranian jurisprudence and criminal laws includes what branches and topics? According to the jurisprudential background, the issues of interference and non-interference of causes and the viewpoints of Khamsa religions can be proposed and evaluated in this field. From the point of view of Iranian criminal law, cases such as Article 132 of the Islamic Penal Code and the exceptions listed in its notes are among the main topics of this issue that have been examined in this article. This research is written in a descriptive-analytical way in a library style.

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Author(s): 

ABDOLLAHI ABED SAMAD

Journal: 

IMAM ALI ΄S STUDIES

Issue Info: 
  • Year: 

    2012
  • Volume: 

    2
  • Issue: 

    2
  • Pages: 

    61-89
Measures: 
  • Citations: 

    0
  • Views: 

    2872
  • Downloads: 

    0
Abstract: 

Ali has been the most knowledgeable person to Holy Quran and interpretation and explanation of that divine book after the prophet (PBUH).He cited a variety of different fields of figh are kept on the verses that reflect the views of figh.Ali (AS), according to narrationes had the various commentary ordinances and recommendations that refer to the commentary Books particularly; the validity of this claim is shown. Ali in his speech deal with to interpretation the verses that related to purity, prayer, Zakat (alms), Khoms (one fifth), Fasting, Hajj (pilgimageto mecca), and Jihad (holy war) that is not principal of Religin. In spite of, between the speechs of Ali deal with to some of the interpretational disscusions in some transactiones and contract like Loan, Will, Vow, Oath, Marriage, and Divorce. Imam Ali discussed to Foods and Drinkings, Succession, Hodood (Punishments, Gesas (retaliations, and Gasa (Judgement that is Jurisprudential matters. These articles deal with to analyze and study of narrationes related to Ahkam injunction of Imam Ali.

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Author(s): 

HABIBI JAVAD

Issue Info: 
  • Year: 

    2011
  • Volume: 

    7
  • Issue: 

    25
  • Pages: 

    25-42
Measures: 
  • Citations: 

    0
  • Views: 

    4125
  • Downloads: 

    0
Abstract: 

According to Islamic punishment law, Quran and prophetic religion, murder resulted to punishment of retaliation.The mentioned punishment regards as penalties which have private aspect. Right owners in Islamic religion, contrary to previous religion, can select one of these cases (retaliation or forgiveness). On this basis Islamic legislators in Hodood and Retaliation Act (1361) in article 54 have expressly recognized this right for the sacrifical parents. It’s the law that after victim’s death this right transfers to the sacrificial parents. Nevertheless, legislator, contrary to the mentioned article, grants the forgiveness right to victim with ratification of article 268 of Islamic punishment law. But this article is not correct and legal according to the analysis in this essay.However, in spite of the present objections, the drafters proposed Islamic punishment code in article 18 and 315. This code extends the concept of forgiveness and refers to blood-money. It also indicates that the sacrificial parents can’t request the blood-money but in article 268, they can request it.

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Author(s): 

NOUBAHAR R.

Issue Info: 
  • Year: 

    2006
  • Volume: 

    10
  • Issue: 

    3 (TOME 47)
  • Pages: 

    187-220
Measures: 
  • Citations: 

    2
  • Views: 

    1975
  • Downloads: 

    0
Abstract: 

This article, among all kinds of human trafficking, deals with the trafficking of women for prostitution. First it examines the grounds on which trafficking of women for prostitution is prohibited. Then, the position of "The trafficking of women for prostitution", as a crime in the framework of Islamic Criminal Jurisprudence, is discussed and concluded that it is among Taazirat (Discretionary Punishments), not Hodood (Prescribed Punishments). So, Islamic Criminal Justice can respond proportionately to the different degrees of this crime by providing useful punishments. The article then examines the compatibility of Islamic thinking with prevention and protective approach to the victims of this crime. In the second part, it comparatively reviews the universal current approach on the issue which has been reflected in the "Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children" which emphasizes the prevention, criminalization and providing appropriate punishments and protection of victims and the attitude of Iranian legislator to the issue, especially its latest measure in enacting "The Act Against Human Trafficking in 2005". The article concludes that the attitudes of the above Convention are generally compatible with Islamic approach and suggests some solutions for clarity and usefulness of the Iranian regulations.

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Author(s): 

KHALATBARI A.Y. | PANAHI A.

Issue Info: 
  • Year: 

    2003
  • Volume: 

    -
  • Issue: 

    38(2)
  • Pages: 

    77-96
Measures: 
  • Citations: 

    0
  • Views: 

    1595
  • Downloads: 

    0
Abstract: 

Georaphic and climate conditions of the northern regions are caused that the mentioned areas have a different trend of cultural, political and historical point of view than the other areas. In the general view, all of the southern areas of the Caspian sea are like each other, but the mentioned areas divided to different parts in history and each part was continuing its existence separately. On the general division, the Caspian sea littoral states divided to two provinces; Gilan and Mazandaran. In historical records, these two provinces have always the fixed borders and the rulling dynasties of each area were rulling in their own areas. With the exact studing in historical records, we meet a little but important area that has a basic role in historical geographe of Gilan and Mazandaran. The area, Tonekabon, with the natural borders has establisheda standing area between Mazandaran and Gilan. "Hodood - al - Alam" is the oldest geography book that named Tonekabon. Therefore, from the fourth century Hegira(AH) on, an area with more than 100 kilometers longitude between Gilan and Mazandaran is mentioned in the records. Tonekabon takes its name of "Toneka" castle. "Toneka" castle was in the top of the low hill and controlled the plain areas. The presentation of Khalatbari dynasty in Tonekabons political arena, labeled an historical identity to the area.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    20
  • Issue: 

    3
  • Pages: 

    181-191
Measures: 
  • Citations: 

    0
  • Views: 

    0
  • Downloads: 

    0
Abstract: 

Tazirate Mansoose Shari (the determined punishment in Sharia) is a new concept which has been added to the Iranian new Islamic penal code in Note 2 of Article 115. This kind of Tazirat is exempt from the Statute of Limitations and other leniency foundations. There is no special definition for Tazirate Mansoose in the Act. Therefore, there is some ambiguity in the concept and subject of this kind of punishment. The reason is that there may be difficult to find the difference between the definition of Tazirat Mansoos and the concept of Had (Determined punishment in Sharia in quality and quantity) as outlined in Article 15 of the Islamic penal code, leading to some serious problem in the point of view of Sharia. In this study, we initially criticized the concept of this kind of tazirat and its differences from Hodood, and then examined the application of the Statute of Limitations in this kind of punishment in the point of view of Sharia. The evidence for including the Statute of Limitations for this kind of punishment consist of: denying the Rule of Previous Right, on which the denial of the Statute of Limitations has been established; punishment based on the dissension of the judge; prevention of disorder in the System; and finally, the rule of due and no hurdle, which is based on the existence of secondary dissension in Tazirate Mansoos.

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    10
  • Issue: 

    18
  • Pages: 

    155-182
Measures: 
  • Citations: 

    0
  • Views: 

    475
  • Downloads: 

    0
Abstract: 

In Islamic traditional jurisprudence it is assumed that punishments are either had (prescribed punishment) or ta’ zir (discretionary punishment left to the decision of the judge in each case). There are also some specific crimes which are considered as ta’ zir while for which the quantity and quality of punishment is determined and fixed in some traditions. Islamic jurists have named such punishments as al-Ta’ zirat al-Mansoos (Explicitly Mentioned Discretionary Punishments). This kind of punishment, in its turn, has increased ambiguity in the number of hodood (prescribed punishments) and yield in confusion in whether they are had(prescribed punishment) or ta’ zir (discretionary punishment). The main question regarding this kind of punishments is that whether they are among changeable and discretionary punishments or unchangeable and fixed punishments. This article has considered the traditions mentioning the cases of specifically mentioned discretionary punishments as judicial traditions. This means that the quality and quantity of punishment in these cases are not unchangeable. Consequently, there is no substantial difference between this kind of ta’ zir and other general ta’ zirat. Therefore, it is of judge’ s authority to determine the quantity and quality of the punishment as each case requires. Similarly, there is room to apply modern criminal institutes like suspension of punishment, adjournment of judgment and criminal prescription in Punishments in all instances of al-Ta’ zirat al-Mansoos.

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