The Legislative policy and general rules governing prescribed Ta`zir by Shari`a in the Islamic Penal Code

Shirrafiee, Muhammad Mahdi; Forughi, Fazllollah; Sadeghi, Muhammad Hadi

doi:10.22106/jlj.2025.2026830.5885

The Legislative policy and general rules governing prescribed Ta`zir by Shari`a in the Islamic Penal Code

Document Type : Research/Original/Regular Article

Authors

Muhammad Mahdi Shirrafiee

Fazllollah Forughi

Muhammad Hadi Sadeghi

Criminal and criminology, Faculty of law, Shiraz University, Shiraz, Iran

10.22106/jlj.2025.2026830.5885

Abstract

Prescribed Ta`zir by Shari`a is a title with jurisprudential support, which is partially excluded from the rules governing Ta`zir in the Islamic Penal Code. Despite this, the legislator's position regarding the proportion of prescribed Ta`zir by rules such as concurrence of offenses and recidivism, attempting, participation and aiding in the crime, mitigating and the punishment, pardon and evidence to prove the crime is not clear. Therefore, it is necessary to identify the legal gaps related to the general rules of prescribed Ta'zir by referring to the principles of legislative policy. The result of the present research, which was written with the descriptive method and library research, is that the legislative policy that governs prescribed Ta'zeer is discriminatory. In this regard, it cannot be considered absolutely subject to the ruling of Hadd or Ta`zir in order to eliminate the legal loopholes related to the prescribed Ta`zir; Rather, according to the elements of the legislative policy, the unspoken rulings about prescribed Ta`zir should be discovered on a case-by-case basis in order to once again establish the position of this Shari`a institution in the Islamic Penal Code.

Keywords

prescribed Ta`zir

predetermined Ta`zir

Ta`zir by Shari`a

prescribed punishment

Ta`zir regulations

Legislative policy

Subjects