نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار دانشگاه شیراز
2 استادیار دانشگاه آیتالله العظمی بروجردی (ره)
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
An examination of the sources of Islamic jurisprudence demonstrates that determination of the discretionary punishment has been given to the expediency of judge. The explanation of the quality of recognizing discretionary punishment by judge, undoubtedly, is one of the important subject matters by which the community punishments' station in the Islamic penal policy is demonstrated. The present study using a descriptive–analytical method, has examined this matter and has found out the judge should "discover" the quality and quantity of discretionary punishment by the considering special criteria and norms and sometimes he may find community punishment as the most advisable reaction with regard to that criteria and norms. Therefore, necessity of the judge's discovering reaction demonstrates necessity of exercising community punishments. But still, it has not been completely prepared that's conditions and necessaries in penal policy of our country.
کلیدواژهها [English]
الف) فارسی
ب) عربی
ج) تارنما
د) انگلیسی
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