List of Articles تجدید مجازات

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  1 - An Investigation into the Possibility of reinforcement of Retaliation from the Point of view Of Iranian and Islamic Laws
  mohammad arabshahe mohammad imami Ali Nosrati
  10.22034/ijrj.2023.702562
  There are three kinds of death Punishments in Islamic law: Retaliation, Hadd or death ascertained execution and Tazir or not- ascertained death execution. Sometime after execution and death ratification by the physician, there appear the signs of life in the offender. T More

  There are three kinds of death Punishments in Islamic law: Retaliation, Hadd or death ascertained execution and Tazir or not- ascertained death execution. Sometime after execution and death ratification by the physician, there appear the signs of life in the offender. The question to which this study, an analytic one is going to answer is that whether it is permissible for the judges to execute the offender in this case or not. The Islamic criminal Law of Iran following the majority of Imami jurists accepts the view that the family of the victim have the right to ask the execution of the offender due to the concept of some verses of the holy Quran and some narrations. The outcome of this study is that in the case of the retaliation it is trough but The outcome of this study is that in the case of the retaliation, it is trough but in the case of Hadd or death, ascertained execution it is not permitted when the offence is proved by his assertion, and the offender suffers the enforcement of the punishment. And Finally in the case of not- ascertained death execution it is not permitted at all due to the lack of proofs. Manuscript profile
• Open Access Article
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  2 - Investigation of Repeated Punishment of Deprivation of Life in Imamieh Jurisprudence
  Mohammad Mohseni Dehkalany Esmaeil Qandvar Bijarpas
  10.22034/ijrj.2019.665204
  In the penal system of Islam, the punishment for some crimes is the deprivation of life of the offender. These punishments have a considerable scope in terms of "Hadd", "Tazir" and "Qisas". Some other crimes include punishments that typically and in accordance with thei More

  In the penal system of Islam, the punishment for some crimes is the deprivation of life of the offender. These punishments have a considerable scope in terms of "Hadd", "Tazir" and "Qisas". Some other crimes include punishments that typically and in accordance with their nature and common law cause the offender to be deprived of life. "Stoning" in adultery and "Hanging" in Moharebeh are examples of the mentioned punishments. But if in the two mentioned cases, the usual and common punishment, does not lead to death of the offender, is the punishment repeated? Or that re-execution of the punishment for deprivation of life requires an independent reason?  The author believes that in crimes, for which the punishment is death or deprivation of life, if the punishment does not lead to death of the offender, the legitimacy of re-enforcing the punishment is not eliminated. But penalties normally cause death, if in a case, accidentally, the common result is not obtained, re-execution of the punishment is not legally acceptable. This theory is in conformity with the original rules of punishments and Interdiction rule.  Manuscript profile