According to a principle commonly adopted in all modern legal systems, recent laws do not apply to previous cases. In other words, it is not possible to re-prosecute individuals as new laws come to pass. This principle is known as the non-retroactivity principle in the criminal justice system. The very principle can also be inferred from various Quranic verses and Hadith including the Jab regulations (crimes committed by the pre-Islamic subject), Ibaha principle (legal indifference) and the disapproval of Bila-bayan punishment (without making regulations clarified). Moreover, some contemporary Islamic scholars have proposed exceptions to this principle based on some other verses in the Quran. These new propositions are often dismissed or ignored by the Imamiah school and not included in their juratory sources beyond perhaps the revelation circumstances. In this article we have attempted to identify, discuss and critique the foundations of this principle in the Islamic law and work out the applicable cases.
Mohammadian, A., Bagheri, A., & Elmi, M. R. (2012). Analysis of the Non- Retroactivity Principle and its Foundations in the Islamic Legal System. Criminal Law Research, 5(1), 109-128.
MLA
Ali Mohammadian; Ahmad Bagheri; Mohammad Reza Elmi. "Analysis of the Non- Retroactivity Principle and its Foundations in the Islamic Legal System". Criminal Law Research, 5, 1, 2012, 109-128.
HARVARD
Mohammadian, A., Bagheri, A., Elmi, M. R. (2012). 'Analysis of the Non- Retroactivity Principle and its Foundations in the Islamic Legal System', Criminal Law Research, 5(1), pp. 109-128.
VANCOUVER
Mohammadian, A., Bagheri, A., Elmi, M. R. Analysis of the Non- Retroactivity Principle and its Foundations in the Islamic Legal System. Criminal Law Research, 2012; 5(1): 109-128.
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