danial mabhot; Mostafa Masoudian
Abstract
The positions of the Prophet and the infallible Imams can be divided into three dignities, divine orders prophecy, judgment, and supervisor. Paying attention to the position and dignity of the innocent in issuing a narrative contributes greatly to the correct understanding of the narrations.The question ...
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The positions of the Prophet and the infallible Imams can be divided into three dignities, divine orders prophecy, judgment, and supervisor. Paying attention to the position and dignity of the innocent in issuing a narrative contributes greatly to the correct understanding of the narrations.The question here is whether the observer narrations of the Diya guilds have been validated by the divine orders prophecy to the Prophet and the infallible Imams and as a result, in the present day, the killer have authority to pay every one of those guilds or basically determining the Diya guilds is governmental; therefore the Islamic ruler with regards the appropriates of society can order to pay a certain guild of these guilds? In this descriptive-analytical article, the nature of the order for the sixth guild of Diya is regarded as a government; therefore, for the payment of Diya, killer must only pay the Diya from the guilds designated by the ruler. On this basis, the Article 549 of the Islamic Penal Code, because of reduction of determining of blood money type to juridical practices it has been considered to be criticized and a replacement of Article 421-1 of the Islamic Penal Code has been proposed.
Hamid reza Zojaji; Mahmood Malmir
Abstract
In 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 ...
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In 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.
