Reflection on the Exceptions to Article 121 of the Islamic Penal Code (approved in 1392)
Abstract:Various views have been raised concerning the rule of law, but what have been accepted by most jurisprudents are the existing narratives in this regard. Even though the existing narrations are absolute and arbitrarily controversial in all its forms, the legislator, in Article 121 of the Cri...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2021-09-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| Subjects: | |
| Online Access: | https://jclr.atu.ac.ir/article_13723_504e73aba165f9c5e35eefadd16d9ba8.pdf |
| _version_ | 1797369181987930112 |
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| author | Ahmad Mortazi Amir Amiran Bakhshayesh |
| author_facet | Ahmad Mortazi Amir Amiran Bakhshayesh |
| author_sort | Ahmad Mortazi |
| collection | DOAJ |
| description | Abstract:Various views have been raised concerning the rule of law, but what have been accepted by most jurisprudents are the existing narratives in this regard. Even though the existing narrations are absolute and arbitrarily controversial in all its forms, the legislator, in Article 121 of the Criminal Code, excludes four cases of moharebeh, corruption, theft, and qazf,. It means that mere doubt does not lead to the rule of dar’e in these four cases; rather, the rule applies in other stages where no contradictory reason can be found. The present study shows that such a separation is inadequate in terms of jurisprudential basis and contradicts the general and general narratives related to the rule of dar’e. The reasons given by the scholars in justifying this separation are one-dimensional and obscure, and therefore not acceptable. The present study seeks to analyze the bases and arguments presented in order to justify the four exceptions of Article 121 of the Criminal Code. |
| first_indexed | 2024-03-08T17:42:58Z |
| format | Article |
| id | doaj.art-9656fa1a7e0143deb548e9c66b604d89 |
| institution | Directory Open Access Journal |
| issn | 2345-3575 2476-6224 |
| language | fas |
| last_indexed | 2024-03-08T17:42:58Z |
| publishDate | 2021-09-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| spelling | doaj.art-9656fa1a7e0143deb548e9c66b604d892024-01-02T10:56:42ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī2345-35752476-62242021-09-01103617519710.22054/jclr.2022.41618.210213723Reflection on the Exceptions to Article 121 of the Islamic Penal Code (approved in 1392)Ahmad Mortazi0Amir Amiran Bakhshayesh1Assistant professor in Islamic Jurisprudence and Law, Tabriz University, Tabriz, IranMA in Islamic Jurisprudence and Law, Tabriz University, Tabriz, IranAbstract:Various views have been raised concerning the rule of law, but what have been accepted by most jurisprudents are the existing narratives in this regard. Even though the existing narrations are absolute and arbitrarily controversial in all its forms, the legislator, in Article 121 of the Criminal Code, excludes four cases of moharebeh, corruption, theft, and qazf,. It means that mere doubt does not lead to the rule of dar’e in these four cases; rather, the rule applies in other stages where no contradictory reason can be found. The present study shows that such a separation is inadequate in terms of jurisprudential basis and contradicts the general and general narratives related to the rule of dar’e. The reasons given by the scholars in justifying this separation are one-dimensional and obscure, and therefore not acceptable. The present study seeks to analyze the bases and arguments presented in order to justify the four exceptions of Article 121 of the Criminal Code.https://jclr.atu.ac.ir/article_13723_504e73aba165f9c5e35eefadd16d9ba8.pdfstudy of reasonmere doubtrule of lawarticle 121 of the criminal code |
| spellingShingle | Ahmad Mortazi Amir Amiran Bakhshayesh Reflection on the Exceptions to Article 121 of the Islamic Penal Code (approved in 1392) Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī study of reason mere doubt rule of law article 121 of the criminal code |
| title | Reflection on the Exceptions to Article 121 of the Islamic Penal Code (approved in 1392) |
| title_full | Reflection on the Exceptions to Article 121 of the Islamic Penal Code (approved in 1392) |
| title_fullStr | Reflection on the Exceptions to Article 121 of the Islamic Penal Code (approved in 1392) |
| title_full_unstemmed | Reflection on the Exceptions to Article 121 of the Islamic Penal Code (approved in 1392) |
| title_short | Reflection on the Exceptions to Article 121 of the Islamic Penal Code (approved in 1392) |
| title_sort | reflection on the exceptions to article 121 of the islamic penal code approved in 1392 |
| topic | study of reason mere doubt rule of law article 121 of the criminal code |
| url | https://jclr.atu.ac.ir/article_13723_504e73aba165f9c5e35eefadd16d9ba8.pdf |
| work_keys_str_mv | AT ahmadmortazi reflectionontheexceptionstoarticle121oftheislamicpenalcodeapprovedin1392 AT amiramiranbakhshayesh reflectionontheexceptionstoarticle121oftheislamicpenalcodeapprovedin1392 |