Pathology Guaranteeing the execution of ta'zir against criminal behaviors and its impact on contemporary works of art

Document Type : Original Article

Authors

Department of Jurisprudence and Fundamentals of Islamic Law, Babol Branch, Islamic Azad University, Babol, Iran.

10.22034/ias.2021.274164.1545

Abstract

The purpose of this study is to investigate and analyze the pathology of the guarantee of execution of ta'zir against criminal behaviors and its impact on contemporary works of art. In this article, we seek a comparative study of the punishment of some crimes against individuals in Islamic and Western law. Considering that there are ambiguities and objections in the law in the field of guaranteeing the execution of retribution, blood money and ta'zir, in addition to examining them in the following discussions, an attempt has been made to fully legalize articles 290, 291, 294, 302,310 , 612 , 630 and 718 of the Islamic Penal Code approved in 1392 to be reviewed , and considering the ambiguities and objections that exist in the proposed legal materials in the field of guaranteeing the execution of retribution, blood money and ta'zir, while presenting appropriate suggestions to eliminate the ambiguities and objections in the above-mentioned articles of the Islamic Penal Code and also in a comparative way with similar laws in France as a model of legislation in the West, to be examined and finally to provide solutions with. The aim is to increase the desire of the guardians of the tail to pass the execution of retribution and increase the deterrence of the guarantee of execution of ta'zir in crimes against the soul.

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