List of Articles مجازات

• Open Access Article
  • Abstract Page
  • Full-Text
  
  1 - Comparative study of the goals of punishment in the beliefs and beliefs of customary law and Islamic teachings
  Amir Vatani Amir hasan niaz poor Farzad Askari
  In general, the purpose of punishment is to punish the criminal law of intimidating, punishing, reforming, disabling, restorative justice, and satisfying the offender. In this study, based on Qur'anic verses, narrations and hadiths, we have proved that the purpose of Is More

  In general, the purpose of punishment is to punish the criminal law of intimidating, punishing, reforming, disabling, restorative justice, and satisfying the offender. In this study, based on Qur'anic verses, narrations and hadiths, we have proved that the purpose of Islam is from punishment The perpetrators are nothing more than the above objectives, with the difference that the goals of Islam are more general and more extensive than the legitimate aims of the law. Islam, in addition to worldly goals that are in accordance with the goals of modern legal or criminal law, There are other goals as the afterlife goals, which is the welfare of mankind in the hereafter. Therefore, considering that God considers in his own words the expediency of society and the people, in his decrees the interest of the worldly and the future of the people has been considered. So if there was a profit in punishment, but at a certain time and place it would be a loss for profit and its implementation would not be expedient. It can no longer be the purpose of the Lord, while it is true that the punishment has lost the goals of the Lord. However, the worldly goals of punishing criminals from the point of view of Sharia and Islam are in most cases with customary and criminal law It is in harmony with the worldly happiness of mankind, except for the bliss of the afterlife, So, as long as it is punishable by the fact that it is profitable, and if, once it benefits to a corruptor or causes the worship of Islam and does not result in the above objectives, it can no longer be considered by God, otherwise The face is not compatible with God's righteousness. Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  2 - Feasibility of apostate punishment in Iranian criminal law With an emphasis on narrative and doctrinal teachings
  ahmad ramezani
  20.1001.1.98991735.1400.10.39.5.1
  By approving Article 220 of the Islamic Penal Code, the legislator explicitly stated that in his view, there are other hududs than the hududs mentioned in the law, which must be referred to Article 167 of the Constitution in order to determine their punishment, and trie More

  By approving Article 220 of the Islamic Penal Code, the legislator explicitly stated that in his view, there are other hududs than the hududs mentioned in the law, which must be referred to Article 167 of the Constitution in order to determine their punishment, and tried to convert the principle of the legality of crimes and punishments into the religious principle of crimes and punishments. According to Article 225 of the proposed bill, it can be understood that the purpose of the hududs not mentioned in the law is apostasy. There is some disagreement in hudud or discretionary punishment, and there is evidence on its discretionary punishment that, by reinforcing discretionary punishment theory of apostasy, it cannot be resorted to Article 220 of the Islamic Penal Code upon to punish it. according to Article 18 of the Islamic Penal Code and the three-fold emphasis on the word law in this article, it should be said that in discretionary punishment, the principle is on the legality of offenses and punishments, since apostasy has not been criminalized in Iranian criminal law, there is a serious problem with the possibility of punishing the apostate according to the strengthening of the discretionary punishment theory Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  3 - Protecting human dignity and respecting the rights of non-Muslims in Imami jurisprudence and subject law
  Toraj  Hematti Farsani Alireza  Salimi ALIREZA HOSSINI Mohammad Hossein  Nazemi Ashani
  20.1001.1.98991735.1400.12.45.9.3
  The religion of Islam has not only dealt with matters concerning Muslims, but also, in an overview, has drawn up rules for non-Muslims and respect for their rights; In the Islamic approach, non-Muslims are either considered as dhimmis, covenants, and trustees who, altho More

  The religion of Islam has not only dealt with matters concerning Muslims, but also, in an overview, has drawn up rules for non-Muslims and respect for their rights; In the Islamic approach, non-Muslims are either considered as dhimmis, covenants, and trustees who, although present as a minority in the Muslim community, are supported, or who are among the non-Muslims who are in conflict with Muslims. There are those who are known as military infidels and therefore are not respected by Islam. A look at the sources of Imami jurisprudence shows that the breadth, property and honor of non-Muslims who are under the protection of the Islamic community are considered inviolable; Thus, Muslims have no right to attack them; Because in this case they will be reprimanded. The Constitution of the Islamic Republic of Iran, by recognizing the religious, Christian and Zoroastrian individuals as religious minorities, has also recognized their rights. In the Islamic Penal Code in 1392, the legislature, by establishing jurisprudential standards in some areas, including adultery with a Muslim, sodomy, tafkhiz, considered the death sentence as an aggravation of punishment for non-Muslims and in drinking alcohol, as a factor A discount was given to non-Muslims only if they pretended to have a limit. Regarding diyat, the equality of diyat of non-Muslim and non-Muslim minorities was maintained, taking into account the opinion of the leadership. Apart from usury, no distinction was made between Muslims and non-Muslims regarding punishments. However, in the field of retribution, a new approach to expanding the scope of the safe has been pursued, which indicates a step towards greater support for non-military infidels, even those who are not among the minorities recognized in the constitution. Manuscript profile