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

Salehi, Hadi; Zare, Mohammad Kazem

doi:10.22124/jol.2024.25891.2419

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

Document Type : Research Paper

Authors

Hadi Salehi ¹
Mohammad kazem zare ²

¹ Assistant Professor, Public Law Department, Faculty of Law and Political Sciences, Shiraz University, Shiraz, Iran.

² PhD in criminal law and criminology, University of Tehran, Tehran, Iran

10.22124/jol.2024.25891.2419

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