1
Associate Professor, Department of Law, College of law, University of Qom, Iran
2
Ph. D Student in Criminal Law, Aras Campus, University of Tehran, Iran
Abstract
One of the shortcomings of our country's criminal law is the lack of perfect expression of Islamic criteria for classification of crimes which has resulted in some problems such as: disproportion of some discretionary punishments with the offences, inconsistency in penal code, and issuance of conflicting verdicts in courts. Since the majority of punishments in our criminal law are Ta`zir (discretionary), the importance and necessity of explaining these criteria more are felt. It seems, these shortcomings result from uncertainty about the necessity or the possibility of extracting such criteria from Islamic sources. This paper tries to prove that the extraction of such criteria from Islamic sources is both necessary and possible; because by scrutiny of criteria for grading the values that are supported by Islamic criminal system, and also by resorting to the juridical rule of relation between reasonable sentence and Islamic for emerging crimes, or by paying attention to the rule of Aham-mo Mohem ("What is more important is preferred on what's important" about self-defense and conflicting duties and rights), we can obtain the main criteria and principles for classification of crimes
hajidehabadi, M., & aletaha, S. (2016). Islamic Bases and Criteria for the Classification of Crimes. Criminal Law and Policy, 1(1), 51-74.
MLA
mohammadali hajidehabadi; seyedhashem aletaha. "Islamic Bases and Criteria for the Classification of Crimes", Criminal Law and Policy, 1, 1, 2016, 51-74.
HARVARD
hajidehabadi, M., aletaha, S. (2016). 'Islamic Bases and Criteria for the Classification of Crimes', Criminal Law and Policy, 1(1), pp. 51-74.
VANCOUVER
hajidehabadi, M., aletaha, S. Islamic Bases and Criteria for the Classification of Crimes. Criminal Law and Policy, 2016; 1(1): 51-74.
