Sharia prescribed punishments, jurisprudential contradictions and legal ambiguities

Subject Areas : All jurisprudential issues

mahdiar  rahmandoost ¹ (Ph.D. in (Criminal Law and Criminology), Edalat University, Tehran. Iran.)

Received: 2021-09-06 Accepted : 2021-10-20 Published : 2021-08-23

Keywords: Jurisprudence, prescribed religious punishments, Islamic Penal Code, Limit punishments, punishments,

Abstract :

Sharia punishments were a title that in the past was considered a mystery in law; However, when the recent Islamic Penal Code, under the title of prescribed Sharia punishments, explicitly included it in the text of the law and imposed conditions on it, the nature of the definition and the determination of its instances became doubly important; An important matter that has not been addressed by the legislator and his assistants, nor by the few and limited efforts of the jurists, has reached a definite and consensus conclusion about its examples! This article is another attempt to find examples of this institution, which undertakes a more extensive exploration of the jurisprudential background of this discussion, carefully separates the limits and punishments, examines and categorizes different sayings in the number of limits, and tries to find examples of predestined punishments. Draw out from the opinions of the jurists. Finally, he takes a comparative look at the jurisprudence and the law of punishment and reaches different and astonishing conclusions about the examples of prescribed punishments in the Islamic Penal Code