Studying Determined Shari’ah-based Ta’azirats in Jurisprudence and Criminal Law of Iran

• Main Authors: Hamid reza Zojaji, Mahmood Malmir
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2019-07-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī
• Subjects: shari’ah-based ta’azirat islamic penal code nonshari’ah-based ta’azirat prohibition
• Online Access: http://jclr.atu.ac.ir/article_9998_131409616973c1693ffd16e6024f3d6f.pdf

n the wake of the Shari’a of the Guardian Council, the jurisprudential title "Shari'ah Ta'zir" entered the Iranian criminal justice system and the enforce of many established institutions that have enjoyment aspect like Postponement of sentence and suspension of punishment and time lapse have ceased to this subject that those institutions are not the example of Shari’ah-based Ta’azirat. However, the legislator has not provided any definition of Shari’ah-based Ta’azirat, and it is the responsibility of the prosecutor to determine its recognition and understanding of its implications. This has led to numerous and conflicting procedures in the courts. Therefore, the recognition of the basics and the examination each legal its examples and comparison with nonShari’ah-based Ta’azirat requires the necessity of this research. Based on The result of the research, the definition of the Shari’ah-based Ta’azirat is those guilty and forbidden conduct that have been determined Ta’azir in the correct and valid narratives. That is, the type of punishment is also specified, but its size and precision are not stated and are left to the judge. The examples of the Shari’ah-based Ta’azirat in the Islamic Penal Code are based on narrations and this limitation merely refers to these legal examples.