Comparative investigation with effects and regulations of legal textual and non-textual punishments

Raheleh Bahrami, Ali Yosefzadeh

Abstract


One type of crime segmentations is divided in terms of the severity of the crime and punishment "Tazirat" together with 'Hodoud" are kinds of Islamic punishment created from beginning of Islam's manifestation. But "Tazirat" are in a lower grade of severity of the crime and punishment than "Hodoud". After Islamic revolution in Iran the "Taziry" and "Haddi" crimes entered in to legislations of Islamic Republie of Iran for the first time; and had been subject of much evolution till now. Over the years of 1368 and 1370 the deterrent punishment are recognized too alongside "Tazirat". But in the Islamic punishment law 1392, the title deterrent punishment is totally eliminated and "Tazirat" is divided to two categories of "mansous" (means provided) and "qair-e-mansous" (means non-provided). This new repartition has made lots of ambiguities in Iranian criminal law. Such that whether "Tazirat-e-mansous-sharei" (means provide Islamic lower punishment) are the same with deterrent punishments or not? By studying the sources of Islamic jurisprudence (fegh) understood that "Tazirat-e-mansous-e-sharei" we understood that both of instance and punishment sorts of "Tazirat-e-mansous-e-sharei" are specified in "shariat" (means Islam's law) and in this respect are the same with "Hodoud". After surverying the regulations we entered to consequence of these two kinds of "Tazirat" crimes is this field. And second, the famous jurisconsults (Foqaha) mostly recognize the consequences of "Tazirat-e-qair-e-mansous" are different. For example repentance, time laps and the rule of prohibition of retrial are not allowed to apply in "Tazirat-e-mansous-sharei" but could be applied in "Tazirat-e-gire-e-mansous-e-sharei"

 


Keywords


Tazirat-e-sharei (Judge-made punishment), Tazirat-e-mansous-e-sharei (Specified sharia punishment), Tazirat-e-qair-e-mansous-e-sharei(non-Specified sharia punishment), Hodoud(Islamic higher punishments).

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