نوع مقاله : پژوهشی
نویسندگان
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The phrase “Hodood that are not mentioned in this code” in Article 220 of Islamic Penal Code of 2013 and “Shar’i definite Tazir” in Article 115 of this code are ambiguous from Figh and legal viewpoint, then we have to resort to interpretation for recognizing their instances, In this regard, three interpretations are possible, First, restricting “Hodood” to six famous types and allocating definite Ta’zir to punishments with definitive cause, kind and amount, Second, allocating Hodood to punishments with definite kind and amount and cause and allocating definite Ta’zir to punishments with definite cause and indefinite kind and amount, Third, allocating Hodood to punishments with definite cause and kind and amount of certain definite punishment and allocating definite Ta’zir to certain indefinite cause and kind and amount, In this article we consider different views and finally choose third interpretation as a non-instrumentalist one that has the highest moral acceptance, This accepted interpretation is consistent with rule of law and other certain legal principles,
کلیدواژهها [English]
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