The status of Dora Rule in Islamic Punishment Law

Javad Habibitabar, Mustafa Karamipour, Yazdan Kazem Khanlu

Abstract


 

One of the most important rules in Islamic Punishment Fiqh accepted by Emamieh and Ameh faqihs is Dora Rule admired clearly in Islamic Punishment Law (2013) by which the judge can implement a perception which more favorable for the accused in the cases of silence, ambiguity and conflict of laws. Although the document of this rule is concurred by faqihs in all religions, there are disagreements in the scope and benchmark between faqihs so research on this rule is necessary. Right perception of such rule supports judicial courts in executing justice and defending the rights of the accused and prevents unfavorable contemplations. Changes in Islamic Punishment Law on Dora Rule are considered in present paper.

 


Keywords


Dora Rule, mistake of law, mistake of fact, hodud, retaliation, taazirat, blood money

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