Critical review of the use of the term Islamic punishments

Subject Areas : فقه و مبانی حقوق

HOSSEIN ANDALIB ¹ , Mohammadail Heidari ² , Ahmadreza Tavakooli ³

1 - feq and law i.a.n
2 - i.a.n
3 - i.a.n

Received: 2018-05-10 Accepted : 2018-07-19 Published : 2018-09-23

Keywords: TAzirat mansos shari, hokme hokomati, hodood, TAzirat,

Abstract :

After the entry of the term "Sharia law" in the Islamic Penal Code of 1392, There were ambiguities for lawyers and judgesAnd due to the lack of definition of this term by the legislator, discussions and controversyquestions in this study are whether Ertekaz has a role in deducing legal- jurisprudence law or not, and whether the mujtahid necessarily pays attention to the Ertekaz in common law or not. The hypothesis of this research is in view of the fact that the saint legislator speaks to the people as a law maker to guide them and also he considers their perceptions (Ertekazat) and if he does not accept that, he explicitly proclaims to prevent them from being deviated. The great jurists have repeatedly relied on this rule in the interpretation of religious texts, and they have deduced the religious judgment from this point of view. The researchers in this study tried to revive the magnificent capacities of Ertekaz through presenting its comprehensive definition and explaining its aspects. The findings of this study showed that the law of Ertekaz had effects on interpreting the religious texts, providing some law, and preventing long discussions on the principles of Islamic jurisprudence.