Analyzing Legitimacy of Financial Punishment

Subject Areas : Private law

alimazhar qaramaleki ¹ , mohammadreza hamifi ² , ³

1 - دانشگاه تهران
2 - قم
3 -

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: financial punishment, punishment generalization, secondary percept,

Abstract :

It is possible to accept pecuniary penalty legitimacy according to "Mansoseh Reasoning", authorization of pecuniary punishment based on governor's viewpoint and secondary precepts citation. With regard to the previous jurists' viewpoints, these punishments are illegal but contemporary jurists tend to account them legal. The most important reason is the establishment of Shiite government that caused to review judicial resources. The reason of who accepted pecuniary punishment as illegal is controversial. Furthermore, authorization of financial punishment can be proved by secondary precepts.