Criticizing the Jurisprudential Principals of Denying the Statute of Limitations in Tazirate Mansoose Shari (the Determined Punishment in

Articles in Press

Document Type : Research Paper

Authors

1 Ilam Unversity

2 mofid univercity

10.22059/jorr.2024.346655.1009167

Abstract

Tazirate Mansoose Shari (the determined punishment in Sharia) is a new concept which added in Iranian new islamic penal code Note 2 of Article 115 and this kind of Tazirat is excepted from Statute of Limitations and other leniency foundations. There is no special definition to Tazirate Mansoose in the Act and so there is some ambiguity of concept and subject of this kind of punishment, because there may be no find the deference between definition of Tazirat Mansoos and concept of Had (Determined punishment in Sharia in quality and quantity) in Article 15 of Islamic penal code and so makes some serious problem in point of view of Sharia.

In the lecture we criticized the concept of this kind of tazirat initially and it's difference to Hodood and then applying the Statute of Limitations in this kind of punishment in point of view of Sharia. The evidences for including the Statute of Limitations for this kind of punishment consist of: denying of the Rule of Previous Right on which denial of the Statute of Limitations has been established; punishment based on the dissension of judge; prevention from disorder of the System and finally the rule of due .

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Religious Researches

Articles in Press, Accepted Manuscript
Available Online from 12 June 2024

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History

  • Receive Date: 16 October 2022
  • Revise Date: 03 June 2024
  • Accept Date: 12 June 2024

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