Comparative Study of the Silence of Law in The Legal System of Iran and Islamic Countries (Afghanistan, Egypt and the Saudi Arabia)

Subject Areas : Political and International Researches Quarterly

Seyed Nooredin Heydarimanesh ¹ , Abbas Sheikholeslami ² , Mahdi Sheidaeian ³

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Received: 2020-06-20 Accepted : 2020-06-20 Published : 2020-08-22

Keywords: criminal law, Islamic Countries, Silence of Law,

Abstract :

  Seyed Nooredin Heydarimanesh[1]- Abbas Sheikholeslami[2]- Mahdi Sheidaeian[3] Abstract According to Article 167 of the Constitution, the silence of the law has been a point of contention between lawyers. In the Islamic Penal Code of 1392, jurisprudential criminalization has been prescribed in some crimes. The study of the comparative rights of other Islamic countries also shows a difference of opinion between them. The main question of the research is what approach has the Iranian legislature and other Islamic countries taken towards the silence of the law in the field of criminal law? Examining the law, it seems that some countries, such as the Saudi Arabia, have accepted the Sharia rule, while others, such as Egypt, have been affected by western criminal law and the third group, like Iran and Afghanistan, is embroiled in conflict over their laws. In this study, using descriptive-analytical method, firstly, describe the current situation of the problem and then we answer the main research question by determining the gaps and taking advantage of the thinkers' opinions and examining the rules. [1] - PhD student, Qom Branch, Azad University, Qom, Iran. [2] - Associate Professor, Department of  of Criminal Law and Criminology, Faculty of Law, Political Science and Foreign Languages, Mashhad Branch, Islamic Azad University, Mashhad, Iran: Corresponding Author [3] -  Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Qom International Campus, (University of Tehran), Qom, Iran