Jurisprudential and legal Review of the Verdict of Testimony on Previous Theft after the Execution of the Sentence
Subject Areas : Private law
Ahmad Hajidehabadi
1
(.Associate Professor, Department of Law, Tehran University, Tehran, Iran,)
Mohammad Ali Afshari
2
(Department of Law, Qom Branch, Islamic Azad University, Qom, Iran)
Marzieh Ganjali Darani
3
(Ph.D. Candidate, Department of Islamic Law & Jurisprudence, Tehran University, Tehran, Iran)
Keywords: jurisprudence, Theft, Islamic punishments legislations,
Abstract :
Article 202 of the Islamic Penal Code, adopted in 1370, states: "(If the thieves' fingers are cut off and after the execution of this limit, another robbery of him is proved that the thief has committed the crime before the execution of the sentence, his left foot will be cut off). The legal documentary of this article is a narration from Imam Baqir (AS). The jurisprudential documentary of this article is a narration from Imam Baqir (AS), which is expressed in two ways by Ali Ibn Ibrahim and Sahl Ibn Ziad. A group of jurisprudents with the purpose of this hadith sentenced the next execution. On the other hand, a group of jurisprudents also considered the narrative to be weak and the unit's news, and the rule of law, which calls for divisions between the two limits, or the preservation of blood, has canceled the next punishment. The legislator, in the new Islamic Penal Code of 2013, has removed Article 202, which appears to be the supersede.
_||_
Quran.
Alam Al'hoda, M. (1984).The source to the principles of Sharia. Tehran: University of Tehran Press.
Azhari, M. (2001). Refine of language. Beirut: Reviving the Arab heritage.
Bahrani, Y. (1945). Fresh gardens in the provisions of the pure family. Qom: Islamic publishing office of the Society of Seminary Teachers of Qom.
Elham, Gh., Zohravi, R. (2017). A comparative study of the challenges arising from the silence of the law in Iranian criminal law and Imami jurisprudence. Journal of Comparative Legal Studies, 8 (2), 443-473.
Fahd, Helli. (1987). Skilled polite in explaining the helpful manual. Qom: Islamic publishing office of the Society of Seminary Teachers of Qom.
Fahd, Helli, J. (1988). Letters. Qom: Rajae'i Publication.
Hagh Verdian, D., Pour Ghahreman, B. (2019). Method or subject matter of proving evidence of a crime in the Islamic Penal Code. Journal of Jurisprudence and Fundamentals of Islamic Law, 3, 37-49.
Haji, A. (2013). Rules of criminal jurisprudence (limits and punishments, retribution and diyat). Seminary and University Research Institute.
Helli, H. (1992). Various Shiites in the provisions of Sharia. Research Group of Islamic Publications Office
Helli, I. (1990). The Beds container for editing fatwa. Qom: Institute of Islamic Publication.
Horre Ameli, M. (1989). Detailing the means of Shiites to the collection of Sharia issues. Qom: Al-Bayt Institute
Johari, I. (1989). Asahah. Beirut: Dar Al-Alam Malayan.
Khansari, A. (1988). Picker of documents. Qom: Ismaelian.
Khoei, S,A. (1992). Buildings complement the curriculum. Qom: Qom: The Imam al-Khoei Revival Foundation.
Khoei, S,A. (1995). Misbah al'usul. Qom: the Douri library.
Khoei, S,A. (1995). A dictionary of men of the novel. Al-Khoei Islamic Foundation.
Mohammad, M. (1992). Rules and benefits. Qom: Mofid bookstore.
Ragheb, H. (1991). Vocabulary of the Quran words. Lebanon: Dar Al Fikr.
Rouhani, S, M. (1993). Faqih alsadiq. Qom: House of the Book Foundation.
Sabzevari, A. (1992). Courtesy of the provisions in the statement of halal and forbidden. Qom: Interpretation House.
Sabevari, M, B. (1896). Ammunition returned in explaining the guidance. Tehran: Lithography
Sadooq, M. (1992). Whoever does not attend the jurisprudence? Qom: Islamic publishing office of the Society of Seminary Teachers of Qom.
Taba'taei, S, A. (no date). Riyadh issues in explaining the provisions of Sharia evidence. Islamic Publishing Foundation.
Torabi, A. (2010). Criminal procedure in Islam. Qom: The jurisprudential center of the pure Imams.
Toreihi, F. (1995). Bahrain Assembly. Tehran: Mortazavi Bookstore.
Zein Al'din, A. (1993). Paths of understanding to revising the canons of Islam. Qom: Islamic Knowledge Foundation.