List of articles (by subject) Criminal jurisprudence
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Open Access Article
1 - مبانی تکرار و تعدد جرم در جزای نقدی نسبی
Nader Heydari reza ranjbar alvar olya rahim vakilzadeAccording to the last part of Note 3 of Article 19 of the Islamic Penal Code and the unanimous ruling No. 759 dated 4/20/1396 of the Supreme Court of the Republic of Iran, the punishment of a relative fine (proportional or variable) is considered a seventh-degree punish MoreAccording to the last part of Note 3 of Article 19 of the Islamic Penal Code and the unanimous ruling No. 759 dated 4/20/1396 of the Supreme Court of the Republic of Iran, the punishment of a relative fine (proportional or variable) is considered a seventh-degree punishment.If the crimes subject to a relative monetary penalty are different, according to paragraphs b and p, the punishment is determined according to the value of the subject of the crime (such as contraband or drugs) and if the crimes committed are not different and are subject to paragraph A. M. 134 of the Islamic Penal Code, only A punishment will be determined in proportion to the most serious crime committed and the corresponding punishment.In general, the punishments for repeating the crime are not subject to relative monetary punishment and these punishments are based on the provisions of Article 137 of the Islamic Penal Code. In the face of special laws (such as the law amending the law against smuggling of goods and currency), the same ruling of the special law is the criterion of action.According to Article 125 of the Islamic Penal Code, for participating in crimes that are subject to a relative monetary penalty, the punishment of each partner is the punishment of the independent agent (in proportion to the total subject of the crime) and only the benefit of the perpetrator at the time of examining the degree of attribution of the accused behavior to the perpetrator in order to determine Cooperative behavior is considered. Manuscript profile -
Open Access Article
2 - An overview of the jurisprudential principles of change and order in relation to the quality of the punishment of the enemy
Mohamadebrahim Mojahed Ahmad Abedini najaf abadi Javad PanjehpourReview:A brief look at the jurisprudential history of the debate We came across two promises of change and order. Because sometimes the evidence leads to the abandonment of the primary appearance and the removal of iodine from the main literal meaning, in which case the MoreReview:A brief look at the jurisprudential history of the debate We came across two promises of change and order. Because sometimes the evidence leads to the abandonment of the primary appearance and the removal of iodine from the main literal meaning, in which case the primary meaning is stagnant, and the word acquires a secondary meaning. Like the repeated repetition of the word "he" in the verse of Moharebeh. Another example is what has been said: Citing the two verses of expiation of oath and expiation of Hajj has made the above-mentioned cases optional in the case of the agent of Bahma, therefore, this word also has an optional meaning in the punishment of the enemy! Sheikh Tusi in his book Khalaf rejects this argument and says: But where there is atonement, there is a journey from fear to violence. Therefore, the analogy of "him" in expressing the four punishments to the expiation of swearing and Hajj is completely unjustified. As for the Sunni jurists, Shafi'i, Hanafi and Ahmad have considered the preferred word as the order, and Lee Malik has believed in the optional change which is related to the same word. In total, in the study, eight reasons were presented for preferring the promise of order over choice. As a result, Saeb's promise on how to apply the four punishments is order. In addition, reflection is inferred in the narrations of the chapter, these two promises do not have a substantial contradiction with each other, even the promise of change corresponds to the order and proportionality of the crime with the punishment. So the legitimacy of the promise of order is proved. It is worthwhile for the criminal legislator to try to amend Article 283 of the Penal Code, based on the promise of order. Manuscript profile -
Open Access Article
3 - Retaliation of the murderer man for killing a woman from the the Qur'an and hadithspoit of view
MAHDI ZANDI gholamreza radmehrAccording to Imami jurisprudence, if a man intentionally kills a woman, then the woman can retaliate by paying half a diyat to the man. This sentence, in addition to the fact that the ransom is conciliatory in premeditated murder and requires the consent of the killer, MoreAccording to Imami jurisprudence, if a man intentionally kills a woman, then the woman can retaliate by paying half a diyat to the man. This sentence, in addition to the fact that the ransom is conciliatory in premeditated murder and requires the consent of the killer, is sometimes problematic in practice; Because sometimes a woman is not able to pay the ransom and the killer is not willing to compromise; As a result, a woman's blood is exposed to waste. There are several ways to solve this problem, including the equality of male and female retaliation, the payment of a woman's ransom from the treasury and not recognizing the ransom, and the possibility of forcing the killer to pay half of the ransom. In this article, the first and second ways are reviewed and the third way is proposed.In verse 32 of Surah Ma'idah, the Holy Qur'an emphasizes the sanctity of human life with a beautiful interpretation and considers self-murder as one of the greatest sins, and legislates the guarantee of retribution and blood money to prevent its commission as punishment for criminals and compensation for some damages. Manuscript profile -
Open Access Article
4 - Imprisonment and De-imprisonment in Islamic Jurisprudence and Iranian Law
Meisam Imani (corresponding author) Naghmeh Farhoud Seyed Yazdollah Taheri NasabFreedom is one of the most important blessings and one of the most obvious natural and basic human rights, which has been considered among the most controversial issues throughout the centuries and ages. One of the types of freedom is the freedom of the body, according MoreFreedom is one of the most important blessings and one of the most obvious natural and basic human rights, which has been considered among the most controversial issues throughout the centuries and ages. One of the types of freedom is the freedom of the body, according to which a person can do whatever he wants. This type of freedom has been supported for a long time, and even today, international declarations related to human rights and the basic and ordinary laws of different countries support it in various ways. On the other hand, establishing public security and protecting people's privacy and rights in dealing with threats and possible aggression by abnormal persons and violating the rights of others has always been one of the main concerns of the guardians of the judicial justice system. In this regard, the application of prison sentences as a reaction to denying freedom against criminals and lawbreakers is a common method in most countries of the world. The idea that the application of this punishment will reform and socialize the criminal and prevent the repetition of the crime, and on the other hand, it brings intimidation and general deterrence and prevents potential criminals from repeating the crimes, is one of the most important justifications for the prison sentence. Although professors and legal scholars have dealt with the issue of the pathology of prison punishment in various articles, but since this issue is important and it should be considered, different aspects of the issue have not been examined. Therefore, it was felt necessary to deal more with this issue. The main objective of this study, while using the library research method, is to identify the judicial and executive gaps of this punishment and provide suggestions to compensate for the shortcomings and achieve the relevant goals. Manuscript profile -
Open Access Article
5 - A reflection on some concepts that disrupt security and public comfort from the perspective of Islamic jurisprudence
Mohamadebrahim Mojahed Ahmad Abedini Najaf Abadi Javad PanjepourThe concept of concept is very important in all branches of science. Conceptual discussion in criminal law, especially in the field of security and public comfort, is of double importance. Since this field is closely related to the materials of Khamsa, and then there ar MoreThe concept of concept is very important in all branches of science. Conceptual discussion in criminal law, especially in the field of security and public comfort, is of double importance. Since this field is closely related to the materials of Khamsa, and then there are conceptual inadequacies and ambiguities in some of these concepts; Based on this, the explanation of this category of concepts is an inevitable necessity, both theoretically and practically. Brief recognition and explanation of concepts such as terror and terrorism, and bioterrorism, war and corruption in the land and rebellion, political crime, assassination, coup d'état, and their difference and separation from each other are among the concepts that familiarization and explanation of them, both in terms of It is important both theoretically and in the practical aspect of law making, as well as in the position of judging and applying examples. This research analyzed some of the most important concepts in an analytical-descriptive way. First, these basic concepts were explained and described. Then attention was paid to the brief analysis of the attributes and dimensions, angles, territory and them. As a result of this research, the discussed concepts were disambiguated, and with the knowledge obtained of the elements and nature of each, their differences and distinctions were recognized and explained. Manuscript profile -
Open Access Article
6 - Necessities and obstacles of using the secret operation of entrapment in the economic crime of money laundering
Mohammad Pirani Asghar Abbasi Ali GhorbaniBackground and purpose – Economic crime have led to destructive effects and negative economic consequences for the country. Special characteristics, including low visibility, high dark figure, dynamism, wide scope of danger, and special information make detection MoreBackground and purpose – Economic crime have led to destructive effects and negative economic consequences for the country. Special characteristics, including low visibility, high dark figure, dynamism, wide scope of danger, and special information make detection of these crimes difficult. Thus, secret entrapment operations can be considered as a suitable solution to fight against this type of crimes. However, the lack of recognition of the necessities of and obstacles to the enforcement of secret entrapment operations for economic crimes will cause doubts both in the enforcement or non- enforcement of these operations as well as in the public’s minds, making them unoptimistic towards the nature of such operations. This study attempts to answer the questions that: “what are the main obstacles and necessities of the enforcement of the secret entrapment operations for the economic crime of money laundering?” and “how can these necessities and obstacles be explained?”Methodology – This study is descriptive-analytical and has investigated and analyzed the above-mentioned questions using the library and note-taking methods.Findings and results –While explaining the necessities and obstacles of the enforcement of a secret entrapment operation for the economic crime of money laundering, this study can be successful on the one hand for guiding the police, designers and operators of secret operations in the enforcement of secret entrapment operations, and on the other hand, increase the public's trust in the police and judicial system. Manuscript profile -
Open Access Article
7 - The Jurisprudential Criterion of Changing the Hadd of Theft to Ta’zir for Children, While Considering the Effective Social Factors in Committing a Crime
Mostafa Hassanpour Mohammad Jafari Harandi (Corresponding Author) Tayebeh ArefniaIn the Islamic legal system, young age is considered one of the factors that mitigate criminal liability, and jurists consider puberty as one of the common conditions of obligation. As a result, a child who has committed a crime which has caused hadd (punishment) is not MoreIn the Islamic legal system, young age is considered one of the factors that mitigate criminal liability, and jurists consider puberty as one of the common conditions of obligation. As a result, a child who has committed a crime which has caused hadd (punishment) is not considered to be deserved to Hudud or Qisas (punishments or retaliation in kind). In the penal regulations of Iran, the lack of criminal liability of minors has been explicitly accepted, but at the same time, in crimes with non-ta’zir punishments, educational and punishment measures have been established for them, which in the last part is against the principle of lack of criminal liability of minors. In this regard, in addition to paying attention to the explanation and matching the opinion of experts in the field of Sharia with the minors penal regulations in the field of converting the hadd of theft to Ta'zir, the effective causes of children's delinquency can be checked and evaluated. Most of the studies and researches that are carried out on the axis of social structure, focus on correcting the behavior and thought of this particular group and analyze the effective factors in the deviation or guidance of this age group. Perhaps the most important reason for the special attention of specialists and experts to this issue is the effective role that children will play in the future structure of society. Manuscript profile -
Open Access Article
8 - Temporal and spatial components in the implementation of the hudud and approach of the Islamic penal code in suspending its conversion
Abbas Taghnaee atefeh Lorkojuri sasan malek motieeAbstract : Insight and expression of the framework in the Islamic penal system is the formation of the healthy life based on creating a healthy living environment and preventing the occurrence of crime, so that human beings, in order to become familiar with their indivi MoreAbstract : Insight and expression of the framework in the Islamic penal system is the formation of the healthy life based on creating a healthy living environment and preventing the occurrence of crime, so that human beings, in order to become familiar with their individual and social duties: refrain from any deviation. There is a worldly punishment (hudud and punishments). In this article, the role of time end place in the punishments is more noticeable, so that in the main criterion of the punishments, which is less than the hudud. Depending on the requirements, deviation from it can be seen in some cases for special reasons. Time and place play a decisive role in enforcing the hudud, so in the event of a conflict of interest in enforcing the hudud or, more importantly, the limit may be temporarily shut down or enforced to another degree. It is a place in enforcing the hudud and approach of the Islamic penal code in suspending and changing it, findings show that the conversion of prescribed and non-prescribed religious punishments with other conventional punishments by reformist methods is possible in terms of rules and structures within the religion and from a perspective appropriate to the requirements of the time is a historical necessity. Manuscript profile -
Open Access Article
9 - Jurisprudential and legal assessment of the inclusion of the provision of Article 91 of the Islamic Penal Code for criminals with relative impairment of discrimination and perception
Fatemeh Noori roomanan abbas tadayyon Behnam Yousefian ShuredeliIn Article 91 of the Islamic Penal Code, the legislator has decreed a ruling that is defensible in some ways, but in some respects rejectable. The rejection of this substance is more important and its positive functions have been challenged. In some respects it can be c MoreIn Article 91 of the Islamic Penal Code, the legislator has decreed a ruling that is defensible in some ways, but in some respects rejectable. The rejection of this substance is more important and its positive functions have been challenged. In some respects it can be criticized that the removal of two punishments of Hadd and Qesas on condition of proof of doubt in the growth and perfection of intellect in adult offenders under 18 and the second possibility of the fall of these two punishments can only be noted in the case of adult offenders under 18 years of age that with a realistic attitude, there is no logical reason for either. In relation to the recent direction, the question arises whether the sentence of this article can be extended to the perpetrators with relative disabilities of the clean power according to this direction. This is a legal and jurisprudential point of view. This is a legal and jurisprudential point of view. It seems that if the philosophy of ratification of this article is proof of doubt in the development and perfection of the criminal mind, it should be said that none of the two directions reject the ruling of this article which has been mentioned above, and therefore, the ruling prescribed in this article is applicable to all offenders who have partial disabilities and comprehension, and therefore, it should be assumed that the criminals who suffer from this condition should not be assumed to be guilty of this condition. The realization of criminal responsibility and the impossibility of determining and executing the punishment, whether Hadd or Qisas or other punishments. The type of the paper, the foundation, its approach, descriptive-analytical, method of doing it, the library study and the means of collecting information in it are also jacking. Manuscript profile -
Open Access Article
10 - Islamic Teachings and Decriminalization
Mohammad Ghaffari Rahim NobaharAbstract: This article tries to shed light on some Islamic foundations and concepts ‎according to which decriminalization becomes either permissible or necessary. Among ‎those foundations is insistence of Islamic teachings on different rights and freedoms of &lr MoreAbstract: This article tries to shed light on some Islamic foundations and concepts ‎according to which decriminalization becomes either permissible or necessary. Among ‎those foundations is insistence of Islamic teachings on different rights and freedoms of ‎citizens and particularly those return to their privacy. Islamic teachings also insist ‎promotion of good and virtue through free choosing of citizens rather than coercive ‎and external bans and restrictions. This approach, in its turn, requires a minimalistic ‎criminalization and occasionally decriminalization. Sometimes, experimental findings ‎achieved from criminalization suggest decriminalization. Religiously, these experiments ‎are valuable and cannot be belittled or ignored. Decriminalization in its Islamic reading, ‎however, in no way, consists with removal of blame from behaviours which are ‎religiously condemned and evaluated as evil. What is religiously assumed as vice cannot ‎be normalized or destigmatized. However, since criminalization follows some practical ‎considerations, every single evil is not, necessarily, a crime. Moreover, fighting evils is ‎not limited to criminalization or insistence on keeping a behaviour criminal.‎Keywords: Islamic criminal law, criminalization, social control, taʿzirāat, Ultima Ratio ‎principle.‎ Manuscript profile -
Open Access Article
11 - Situational Prevention of Theft in Natural Disasters and Crises
Amir Ahmadi Rouzbeh Masoud Ghasemi (corresponding author) Rouhollah ForouzeshThe application of a set of non-criminal measures is called crime prevention. In this regard, this application ruins the intention of crime and criminal and in a way, increases the cost of committing a crime and ultimately leads to the potential criminal's withdrawal fr MoreThe application of a set of non-criminal measures is called crime prevention. In this regard, this application ruins the intention of crime and criminal and in a way, increases the cost of committing a crime and ultimately leads to the potential criminal's withdrawal from committing a crime. One of the crimes that increases during natural disasters and crises is theft. Therefore, in order to deal with it and re-establish social, economic security and peace of mind of the victims, crime prevention measures should be taken into consideration. This article aims to examine and provide preventive measures for the crime of theft in natural disasters and crises. This study is one of applied research in terms of purpose and nature, and its research method is Delphi and qualitative interview method. Furthermore, the data collection tool of this research is a researcher-made questionnaire, and its statistical population is a number of experts, elites, lawyers, etc., who have been evaluated. Situational crime prevention usually manifests itself through breaking one of the links in the chain of causes and events that can be neutralized and causes the crime to occur. The cost of situational prevention is much lower than the criminal punishment of criminals, and reducing the opportunity can be useful in deterring criminals from crime and fear. This kind of prevention includes a wide range of activities and measures to deal with theft. Eliminating ideal situations for the occurrence of crime, predicting safe places to store important and relief items, increasing checkpoints at the entrance and exit of crisis-hit cities, using electronic equipment for control and monitoring in accident-affected areas, etc. are effective during natural disasters and crises in the prevention of theft. Manuscript profile -
Open Access Article
12 - An Examination of the Evidential Value of Testimony in Imamiya Jurisprudence and Iran's Legal System and the Impact of Psychological Factors on Testimony
Heidar Fatahi (Corresponding author) Ruhollah Sepehri Abbas PahlevanzadehThe testimony of witnesses in all legal systems, including the Islamic legal system and Iran, is recognized as one of the proofs of legal and criminal claims, because the Holy Qur'an refers to testimony in many cases and the need to provide it in lawsuits. In the hadith MoreThe testimony of witnesses in all legal systems, including the Islamic legal system and Iran, is recognized as one of the proofs of legal and criminal claims, because the Holy Qur'an refers to testimony in many cases and the need to provide it in lawsuits. In the hadiths narrated from the pure and infallible Ahl al-Bayt, as well as the companions of the Prophet Mohammad, there is a lot of emphasis on this. In some cases, there are differences of viewpoints among Islamic denominations regarding the conditions of the witness. For example, there is a difference in the testimony of a child, but there is consensus among jurists in the area of reason and legitimacy of the person. On the other hand, the impact on the legal concept of testimony is also something that cannot be hidden, which has received special attention in recent decades. Of course, in the legislative system, this important issue has not been taken care of as much as it should be, but psychological needs have caused legal scholars to deal with this issue. This is because the impact of some factors such as mental habits, age, race, personality, feelings, and emotions on the testimony is so important that it can cause irreparable damage. Manuscript profile -
Open Access Article
13 - A Jurisprudential Re-examination and Reflection on the Punishment of Innate Apostasy of Neutrality of the Problem
Payam Forouzandeh (Corresponding author) Saleh MontazeriThe jurisprudential nature of the neutral will affect this neutral in the assignment of rulings. Some jurists have considered third nature to be neutral. The result of this basis will be the non-implementation of any hadd (punishment) of natural apostasy on the neutral, MoreThe jurisprudential nature of the neutral will affect this neutral in the assignment of rulings. Some jurists have considered third nature to be neutral. The result of this basis will be the non-implementation of any hadd (punishment) of natural apostasy on the neutral, but this opinion is against the well-known view of most jurists, who consider the human sex to be limited to male and female. The three other views in this regard, i.e. the view of neutral attachment in the punishment of innate apostasy, to a woman or a man, or optional in the implementation of one of those two hadds, are based on the most jurists views. This is despite the fact that the basis of the monopoly of human gender in being male and female has been criticized and there are many problems with it. The sure value of these problems will be the disappearance of the abstract knowledge of male or female neutrality and, as a result, the lack of a solid basis for all three aforementioned views. In this article, while examining the views of jurists, the authors have come to the conclusion that regardless of the acceptance of each of the aforementioned bases, the application of each of the hadd of natural apostasy of a woman or a man to the neutral has faced problems. As a result, the view of most Imamiyyah jurists, who consider the neutral in the innate apostasy of the woman, is criticized. Rather, his action will be subject to the Principle of "Al-Ta'zir li Kul Amal Al-Haram ". Manuscript profile -
Open Access Article
14 - Jurisprudential and legal bases of criminalization of refusal of rescue and rescue in the absence of obligation and contract
Mehri Salehi Ebrahim Yaghouti Vali RustaviThe institutionalization of the culture of helping a person in danger needs strong foundations so that it can be based on them permanently and permanently. Refusal to help a person in danger is against jurisprudence and legal as well as moral and religious standards and MoreThe institutionalization of the culture of helping a person in danger needs strong foundations so that it can be based on them permanently and permanently. Refusal to help a person in danger is against jurisprudence and legal as well as moral and religious standards and according to the single article of the penal law Refusal to help the injured, abandoning this common duty is criminalized based on various bases and according to the rule of "Qa'ida al-Ta'azir Lekol Muharram" it is necessary to punish those who help. A person is required to save another's life, he asks the question, what are the most important bases and sources that consider the ruling on the obligation to help necessary? Refusal to help a person in danger is based on various legal bases, including social cooperation, respect for the right to life. Naturally, utilitarian thoughts, the will of governments and social motives originate.From the foundations of jurisprudence, it is possible to refer to the jurisprudential rules of "aiding wrongdoing", "law of harm", "rule of al-Ta'zir for all Muharram" and enjoining what is good and forbidding what is evil. It is also possible to refer to the verse "Innallah Ya'amru bi'al-adl al-ihsan" , ihsan in its literal sense is also considered as one of the most important jurisprudential sources of the need to help another person. The findings of the research show the place of aid and relief and the importance and necessity of helping a distressed person in jurisprudence. Since jurisprudence is considered the most important legal source, therefore, the criminalization of this case in a single article is fed from the jurisprudential source. Manuscript profile -
Open Access Article
15 - Punishment of suicide based on rule of "ta'zir for all forbidden deeds" in Iranian law, tWith an approach to Islamic jurisprudence
mohamadhossein Daneshfar Masoud Heidari Mahmood Malmir Mahmood AshrafiSuicide is contrary to nature and is strictly forbidden in Islam. The main question of the research is the possibility of determining the ta'zir punishment for a person who commits unsuccessful suicide according to the rule of "ta'zir for all forbidden acts". In the law MoreSuicide is contrary to nature and is strictly forbidden in Islam. The main question of the research is the possibility of determining the ta'zir punishment for a person who commits unsuccessful suicide according to the rule of "ta'zir for all forbidden acts". In the law, only the punishment of the deputy for suicide through media and telecommunication tools has been dealt with, and the punishment of imprisonment from 91 days to 1 year or a fine from five million rials to twenty million rials or both punishments is considered for the offender. Considering that it is not criminalized in the Islamic Penal Code and according to Article 1 of the Penal Code and the twenty-twenty-second and thirty-fourth principles of the Constitution, it is possible to determine the punishment for suicide based on the rule of "ta'zir for all forbidden acts". The jurisprudence of the five religions can be determined as an appropriate punishment according to the person and the act performed. The present research has been done in a descriptive-analytical method and has found that individuals are punished with ta'zir punishments or appropriate security and training measures such as; Advice by the judge of the court, warning and warning or obtaining a written commitment sentenced not to repeat the crime, imprisonment, corporal punishment, etc. Manuscript profile -
Open Access Article
16 - Legislative-executive critique, the philosophy of punishment of repentant criminals in ta'zir crimes non-Determined
Amin Jalili seyd Mohamad Mehdi SadatiTrue repentance is rebirth. The great change in the soul of the repentant person causes him to wisely and unhesitatingly accept responsibility for his mistake and seek to correct the past and prepare for the future. The action of the criminal legislature to limit the in MoreTrue repentance is rebirth. The great change in the soul of the repentant person causes him to wisely and unhesitatingly accept responsibility for his mistake and seek to correct the past and prepare for the future. The action of the criminal legislature to limit the influence of the institution of repentance in the partial fall of the government's punitive punishments and the inability of the judiciary to issue a moratorium on prosecution is contrary to the rationality and spirituality hidden in Islamic criminal policy and the judiciary being a judge. The organization of the judicial cycle of the Islamic Republic of Iran on the criminal policy of Islamic punishment requires the reliance of the penitentiary on the criminal response to the act of punishment. Therefore, it is appropriate for the divine institution of repentance in criminal law to be the muscat of punishment for all punitive crimes of the government by all judicial authorities. Avoiding criminalism and paying attention to moral values and social interests in the legislative stage and preventing procrastination and increasing the volume of cases in the executive dimension, are among the goals of the author to take this position. Manuscript profile