List of Articles ta'zir

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  1 - 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 Ashrafi
  Suicide 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 More

  Suicide 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
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  2 - The Jurisprudential Ruling of Abstaining from Paying Zakat According to Narrations and the Qur'anic Verses
  fateme koohmishi mansour amirzadeh jirkoli hosain saberi
  10.30495/qsf.2022.1906640.2242
  Paying one's income zakat is one of obligatory duties to which many Qur'anic verses have referred. In the Prophet's and the Imams' times, abstaining from paying zakat has been considered despicable and some ta'zir punishments have been inflicted for such a crime. Referr More

  Paying one's income zakat is one of obligatory duties to which many Qur'anic verses have referred. In the Prophet's and the Imams' times, abstaining from paying zakat has been considered despicable and some ta'zir punishments have been inflicted for such a crime. Referring the traditions and Qur'anic verses, the Jurisprudents have also reprehended those who abstain from paying zakat and the majority of them have issued ta'zir punishments rulings for zakat paying abstainers. However, the jurisprudents have given some ta'zir punishments rulings for those who abstain from paying zakat referring to verses and traditions. Deploying a descriptive-analytical research method, the present research is to analyze the concepts and to review the related literature about the rulings and its related punishments for the abstainers of zakat payment. The researchers attempt to know that what ta'zir punishments have been inflicted for zakat paying abstainers according to traditions and verses of the Qur'an. Likewise, it is of paramount significance for the researchers to know how to apply and modernize these traditions and verses for zakat paying abstainers. The findings of this research reveal that the majority of jurisprudents believe in the ta'zir punishments of zakat paying abstainers. Although the related ta'zir punishments is specified in jurisprudence for such a crime, it seems that abstaining from paying zakat is not punishable according to traditions and the Qur'anic verses and is not regarded as a crime in civil law; therefore, no punishment is mentioned in the civil law for that. Manuscript profile
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  3 - Seb judgment (curse) to the Prophet and Imam in Shiite Jurisprudence
  سید محمد شفیعی مازندرانی
  Seb (cursing) the Prophet and the other Imams in Islamic culture is strictly prohibited and condemned. In this regard, the prosecution has a particular style. In Islamic law, a man Dshnamgvy men, women if they have to insult innocent men executed, ie, the curse, the cur More

  Seb (cursing) the Prophet and the other Imams in Islamic culture is strictly prohibited and condemned. In this regard, the prosecution has a particular style. In Islamic law, a man Dshnamgvy men, women if they have to insult innocent men executed, ie, the curse, the curse of death, but in the general population (non-innocent) is done according to the judge who is eighty lashes sometimes leads to punishment. It is noteworthy that the law Dshnamgvy should be entrusted to divine law about to be implementedTo avoid any chaos in this regard must be prevented. Repentance is not vector style, the style of Adam Dshnamgvy if he repents, forgive him does not fall. . It is noteworthy that the law Dshnamgvy should be entrusted to divine law about to be implementedTo avoid any chaos in this regard must be prevented. Repentance is not vector style, the style of Adam Dshnamgvy if he repents, forgive him does not fall. . Manuscript profile
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  4 - Study of the Social Aspect of Intentional Crimes against Physical Integrity in the Islamic Jurisprudence and the laws of of Islamic countries with Emphasis on the Iranian Law
  Ruhollah Akrami Masoud Heidari
  10.22034/ijrj.2021.684729
  The intentional Crimes against physical integrity are among the crimes in which the private aspect is very colorful due to the direct harm to individuals. Therefore, the retribution as the main penalty like the blood money is given to victim or his/her parents. This iss More

  The intentional Crimes against physical integrity are among the crimes in which the private aspect is very colorful due to the direct harm to individuals. Therefore, the retribution as the main penalty like the blood money is given to victim or his/her parents. This issue has led some to ignore the separate right to punishment for society. In Islamic jurisprudence and consequently in the regulations of Iran, the discussion of the legitimacy of the ta'zir of the perpetrator in in case of retribution, the subject of the social aspect of crime, had become one of the challenging issues after the victory of the Islamic Revolution. In the Islamic Penal code adopted in 2013, by enacting general provisions in Article 447, has tried to regulate the ta'zir of the crimes in a disciplined manner, although the amount of ta'zir, especially in the case of physical crimes less than murder, is very ambiguous. In other Islamic countries, too, the social aspect of the crime has been recognized. In the present article, with a descriptive analytical method, this issue has been studied in a comparative manner according to the jurisprudential principles which indicated the strength of the position of identifying the social aspect of intentional crimes in perspective of jurisprudential documents. In addition in our legal system, the punishment of social aspect in murder according to Article 612 of the Book of Ta'zirat, and Physical crimes less than murder, if they are examples specified in Article 614 or committed with a weapon, will be determined in accordance with this article, otherwise alternative punishments of imprisonment will be imposed. Manuscript profile
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  5 - Feasibility Study of Limit Execution in Internet Theft
  Ahmad Moradkhani
  10.22034/ijrj.2021.684735
  Cyber ​​theft as a new type of theft has been developed in cyberspace in recent decades. And this indicates the non-deterrence of existing laws, one of the most important factors in the weakness of the laws related to cyber theft is the knowledge of its nature and the i More

  Cyber ​​theft as a new type of theft has been developed in cyberspace in recent decades. And this indicates the non-deterrence of existing laws, one of the most important factors in the weakness of the laws related to cyber theft is the knowledge of its nature and the incorrect interpretation and explanation of the Islamic Penal Code according to Article 12 of the Computer Crimes Law. And this is while cyber theft is not much different from physical theft in terms of substance and conditions and elements of the crime. The present article uses descriptive and analytical methods of jurisprudential arguments and existing laws in the position of feasibility of enforcing the limit in cyber theft. And the answer to the question is whether the definition and conditions stated about physical theft in jurisprudence and law are applicable to computer theft? What are the reasons for those who believe that it is ta'zir? Is the condition of blasphemy and taking property in computer theft applicable? Finally, by rejecting the reasons for those who believe that it is ta'zir and presenting a reason for the full compliance of the conditions, the extent of cyber theft has been proven. Manuscript profile
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  6 - Guarantee of criminal execution of fraud in jurisprudence and law
  Maliheh sadat sadjadian Sayyed Abulqasem Naqibi maryam Ibn Turab
  Enforcement guarantee is a direct or indirect means to fulfill legal requirements (including orders and prohibitions) or compensation for damage or in other words is a tool that ensures the effective implementation of legal rules and is used by public forces in society. More

  Enforcement guarantee is a direct or indirect means to fulfill legal requirements (including orders and prohibitions) or compensation for damage or in other words is a tool that ensures the effective implementation of legal rules and is used by public forces in society. This is divided into civil and criminal enforcement guarantees. Forgery of a term in jurisprudence and law means to deceive another and to persuade him to perform an action. That is, one party deliberately deceives the other party by its fraudulent actions. It can be considered as an example of ta'zir punishment. In Articles 5 and 647 of the Islamic Penal Code, the legislature has criminalized forgery and the model deserves punishment. Manuscript profile