| Autor: |
عبدالجبار زرگوش, مصطفی بخرد |
| Předmět: |
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| Zdroj: |
Islamic Jurisprudential Researches; Oct2024, Vol. 20 Issue 3, p181-191, 11p |
| Abstrakt: |
Tazirate Mansoose Shari (the determined punishment in Sharia) is a new concept which has been added to the Iranian new Islamic penal code in Note 2 of Article 115. This kind of Tazirat is exempt from the Statute of Limitations and other leniency foundations. There is no special definition for Tazirate Mansoose in the Act. Therefore, there is some ambiguity in the concept and subject of this kind of punishment. The reason is that there may be difficult to find the difference between the definition of Tazirat Mansoos and the concept of Had (Determined punishment in Sharia in quality and quantity) as outlined in Article 15 of the Islamic penal code, leading to some serious problem in the point of view of Sharia. In this study, we initially criticized the concept of this kind of tazirat and its differences from Hodood, and then examined the application of the Statute of Limitations in this kind of punishment in the point of view of Sharia. The evidence for including the Statute of Limitations for this kind of punishment consist of: denying the Rule of Previous Right, on which the denial of the Statute of Limitations has been established; punishment based on the dissension of the judge; prevention of disorder in the System; and finally, the rule of due and no hurdle, which is based on the existence of secondary dissension in Tazirate Mansoos. [ABSTRACT FROM AUTHOR] |
| Databáze: |
Complementary Index |
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