" Feasibility study of the application of "worship" in Ta'zir based on the criteria of Imamiyyah and popular jurisprudence

Articles in Press

Document Type : Research Paper

Authors

1 Assistant Professor, Department of Human Rights and Environment, Faculty of Law, Shahid Beheshti University, Tehran, Iran

2 Department of Law, Faculty of Law, University of Judicial Sciences, Tehran, Iran

3 Master's student, Department of Jurisprudence and Criminal Law, Faculty of Law, Shahid Motahari University, Tehran, Iran

Abstract

In recent years, both in Iran and in other Islamic countries, judicial practice has moved towards including worship as a form of punishment. Despite its rarity, this initially raises several challenges, which this article examines from the perspective of Imami and popular jurisprudence in a descriptive-analytical manner based on library studies. In summary, it can be said that the dominant approach in these two areas of jurisprudence is the possibility of ta'zir through worship, but several considerations must be observed, including "prohibition of excommunication from religion", "non-disparagement of crime", "non-infringement of the rights of the aggrieved", "sentencing heavy punishments in the absence of deterrence and failure to achieve the goal of ta'zir", and "proportion between punishment through worship and the nature of the crime".

Keywords

Main Subjects

Criminal Law Research

Articles in Press, Accepted Manuscript
Available Online from 27 February 2026

Files

Share

How to cite

Statistics