Adel Sarikhani; Esmail Aghabababani
Volume 3, Issue 8 , October 2014, , Pages 9-32
Abstract
One of the issues raised in criminal law based on Islamic Jurisprudence is the justifiability or unjustifiability of Ta’Ziri execution. In spite of the fact that legislator does not provide Ta’Ziri execution in the categories of Article19 of the Penal Code , in practice some punishments ...
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One of the issues raised in criminal law based on Islamic Jurisprudence is the justifiability or unjustifiability of Ta’Ziri execution. In spite of the fact that legislator does not provide Ta’Ziri execution in the categories of Article19 of the Penal Code , in practice some punishments in other penal statutes, particularly in drug-related crimes, are intended to be compatible with Ta’ziri punishment. However, the principles and ideas of Islamic Jurisprudence do not acknowledge the Ta’Ziri execution. Considering the possible basis for the legitimacy of Ta’Ziri execution, the issue will be discussed according to the Islamic jurisprudence. This paper is to come to the conclusion that Ta’Ziri execution has not an acceptable documentary basis ،and the right to life cannot be ignored due to social interests.
