Volume 27, Issue 97 (spring 2022)
__Judicial Law Views __2012__, 27(__59__): __224189 |
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akrami R. The approach of the legal system of Islamic countries regarding the issuance of criminal sentences based on jurisprudential sources. دیدگاههای حقوقی 2022; 27 (97) :167-189
URL: http://jlviews2.ujsas.ac.ir/article-1-2103-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-2103-en.html
Qom University , r.akrami@qom.ac.ir
Abstract: (886 Views)
One of the most important principles of criminal law, which is an effective guarantee for the protection of civil rights and freedoms, is the principle of legality of crime and punishment, which prescribes the imposition of punishment for crime only on the basis of the Legal texts. However, in the legal systems of Muslim countries, whose penal provisions are derived from Islamic law, the issue of the status of jurisprudential sources as a applicable source such as the Legal texts for criminalization and sentencing is one of the important issues in conflict with The principle of legality has attracted the attention of the legal doctrine and jurisprudence of these systems.In our country, considering the manner of reflection of Principle 167 of the Constitution in various articles of the Islamic Penal Code, it seems that only in the realm of Hodoud can criminalization and punishment be carried out according to jurisprudence. The same amount of jurisdiction for the courts also has several drawbacks, especially due to disagreements in the judicial procedure
Keywords: The principle of legality of crime, the principle of legality of punishment, criminal jurisprudence, criminal law of Islamic countries, Iranian law
Type of Study: Applicable Research |
Subject:
Criminal Law
Received: 2021/10/15 | Revised: 2023/01/21 | Accepted: 2021/12/18 | Published: 2022/06/18 | ePublished: 2022/06/18
Received: 2021/10/15 | Revised: 2023/01/21 | Accepted: 2021/12/18 | Published: 2022/06/18 | ePublished: 2022/06/18
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