Jurisprudential Analysis of the Extent of Ta'zeer in the Islamic Penal Code: An Exploration of Government Jurisprudence

Document Type : Research Paper

Authors

1 Assistant Professor of Public law at Shiraz University

2 Graduated criminal law cerminology, Tehran University

Abstract

The Islamic revolution has transformed Ta'zeer in Islamic law, notably through the 2013 Islamic Penal Law's Article 18. This shift broadened Ta'zeer's scope, encompassing Shariah prohibitions and government regulations. Despite drawing from Shia jurisprudence, particularly "Al-Ta'zeer Lakl Haram," the extension of Ta'zeer to non-disobedient acts lacks a clear rationale. Article 18 introduces a debatable categorization of punishments, dividing them into written and unwritten forms, and imposes statutes of limitations on Ta'zeer, contrary to Imami jurisprudence. This study navigates the complexities of these legal reforms, examining their historical and doctrinal evolution within government jurisprudence, offering insights into the interplay between Islamic law and contemporary amendments.

Keywords

Main Subjects

Criminal Law Research

Articles in Press, Accepted Manuscript
Available Online from 27 February 2024

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