Study of the Relationship between Criminalization and Prohibition in the Light of the Rule “Discretionary Punishment is Prescribed for any Forbidden Act or Violation”

پژوهش‌نامه حقوق اسلامی (پیوسته)

卷:19

Ali Gholami¹ 

[1] دانشیار گروه حقوق جزا و جرم‌شناسی دانشگاه امام صادق(ع);

关键词: discretionary;    sin;    criminalization;    prohibition;   

DOI  :  10.30497/law.2018.2295

来源: DOAJ

【 摘 要 】

The relation between criminal law and morality originated from variety of Islamic juristic rules especially the well-known principle rule in Islamic criminal law saying: “discretionary punishment is prescribed for any forbidden act or violation”. Although there is a consensus over the originality of this rule, there are different ideas about the determination the scope of the rule Despite the all different ideas, it seems that the” discretionary punishment is prescribed for any forbidden act or violation” is a general rule in theoretical view. This thesis distinguishes between the theoretical perspective and practical one. In the case of theory, it holds a maximum support of morality by criminal law; in contrast practical approach of Islamic criminal law holds a type of support according to requirements and conditions drawn by the ruler or the leader.

【 授权许可】

Unknown