Jurisprudential-legal Analysis of Panderism
Imami jurists have considered panderism as one of the crimes that results in fixed corporal punishments (hadd). All the penal laws after the Islamic Revolution, including the Islamic Penal Code of 2013, follow the well-known opinion of the jurists and consider panderism as a crime results in prescri...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2022-09-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| Subjects: | |
| Online Access: | https://jclr.atu.ac.ir/article_15288_6ac514d17ec65c730f1cb32f8ebe1e5d.pdf |
| _version_ | 1797369132848513024 |
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| author | Hamid Rahimi Rahim Nobahar |
| author_facet | Hamid Rahimi Rahim Nobahar |
| author_sort | Hamid Rahimi |
| collection | DOAJ |
| description | Imami jurists have considered panderism as one of the crimes that results in fixed corporal punishments (hadd). All the penal laws after the Islamic Revolution, including the Islamic Penal Code of 2013, follow the well-known opinion of the jurists and consider panderism as a crime results in prescribed and fixed punishment(hadd). The present study has criticized this view with an analytical-critical method and has considered the discretionary punishment awarded by the judge (ta’zir) for this crime to be more justified and rational. The article also studies various elements of the material and mental pillars of panderism. Through a jurisprudential-legal analysis of panderism in cyberspace, the article studies possibility of the occurrence of physical behavior of "bringing together" through mere acquaintance with novelty communicational technologies and participation in panderism physically or virtually. The article further examines the necessary circumstances for committing panderism and its effects on fornication and sodomy. Finally, the article examines the place of "knowledge substituting intent" and "matching the intent of the perpetrator with a criminal incident" in the mental element of this crime. |
| first_indexed | 2024-03-08T17:42:20Z |
| format | Article |
| id | doaj.art-e45e3f17d4b641a9ae7fb8873f676308 |
| institution | Directory Open Access Journal |
| issn | 2345-3575 2476-6224 |
| language | fas |
| last_indexed | 2024-03-08T17:42:20Z |
| publishDate | 2022-09-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| spelling | doaj.art-e45e3f17d4b641a9ae7fb8873f6763082024-01-02T10:58:30ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī2345-35752476-62242022-09-011140457010.22054/jclr.2023.57376.224215288Jurisprudential-legal Analysis of PanderismHamid Rahimi0Rahim Nobahar1PhD Candidate, Department of Criminal Law and Criminology, Faculty of Law, Shahid beheshti University,Tehran, IranPhD, Associate Professor, Department of Islamic Law, Shahid Beheshti University,Tehran,IranImami jurists have considered panderism as one of the crimes that results in fixed corporal punishments (hadd). All the penal laws after the Islamic Revolution, including the Islamic Penal Code of 2013, follow the well-known opinion of the jurists and consider panderism as a crime results in prescribed and fixed punishment(hadd). The present study has criticized this view with an analytical-critical method and has considered the discretionary punishment awarded by the judge (ta’zir) for this crime to be more justified and rational. The article also studies various elements of the material and mental pillars of panderism. Through a jurisprudential-legal analysis of panderism in cyberspace, the article studies possibility of the occurrence of physical behavior of "bringing together" through mere acquaintance with novelty communicational technologies and participation in panderism physically or virtually. The article further examines the necessary circumstances for committing panderism and its effects on fornication and sodomy. Finally, the article examines the place of "knowledge substituting intent" and "matching the intent of the perpetrator with a criminal incident" in the mental element of this crime.https://jclr.atu.ac.ir/article_15288_6ac514d17ec65c730f1cb32f8ebe1e5d.pdfsexual brokerpublic decencyprostitutionfornicationsodomy |
| spellingShingle | Hamid Rahimi Rahim Nobahar Jurisprudential-legal Analysis of Panderism Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī sexual broker public decency prostitution fornication sodomy |
| title | Jurisprudential-legal Analysis of Panderism |
| title_full | Jurisprudential-legal Analysis of Panderism |
| title_fullStr | Jurisprudential-legal Analysis of Panderism |
| title_full_unstemmed | Jurisprudential-legal Analysis of Panderism |
| title_short | Jurisprudential-legal Analysis of Panderism |
| title_sort | jurisprudential legal analysis of panderism |
| topic | sexual broker public decency prostitution fornication sodomy |
| url | https://jclr.atu.ac.ir/article_15288_6ac514d17ec65c730f1cb32f8ebe1e5d.pdf |
| work_keys_str_mv | AT hamidrahimi jurisprudentiallegalanalysisofpanderism AT rahimnobahar jurisprudentiallegalanalysisofpanderism |