A Comparative Study of the Necessity of Expedient Jurisprudential Convergence of Corporal Punishments in Criminal Law of Iran and Other Islamic Countries with Deference to International Law
Today, we are witnessing a series of political and media games by the Western World that seek to undermine the principle of Islamic law. One of these challenges is the issue of corporal punishment in the field of criminal law, to which there is a relatively high sensitivity. The main reason for thes...
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Ilam University
2023-06-01
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| Series: | مطالعات تطبیقی حقوق کشورهای اسلامی |
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| Online Access: | https://lcs.ilam.ac.ir/article_253427_97cfbc390e2ca210793a6ee8798f736d.pdf |
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| author | mohammad reza mousavifard zahra shamcizad hamid reza norozian payman mansori |
| author_facet | mohammad reza mousavifard zahra shamcizad hamid reza norozian payman mansori |
| author_sort | mohammad reza mousavifard |
| collection | DOAJ |
| description | Today, we are witnessing a series of political and media games by the Western World that seek to undermine the principle of Islamic law. One of these challenges is the issue of corporal punishment in the field of criminal law, to which there is a relatively high sensitivity. The main reason for these sensitivities is that some of these punishments are rooted in jurisprudence or Sharia, so they find an opportunity to attack the principle of religion under the pretext of human rights debates for the non-convergence of these punishments with international documents. The present study aims at exploring the possibility of converging the system of criminal law in the area of corporal punishment in order to comply with the provisions of international law based on the rule of jurisprudential expediency. It seems that through the knowledge that has been obtained from the intentions of some opponents and that human rights debates and international documents are a means not to defend real human rights but a double standard for achieving behind-the-scenes goals, it is expedient to know the exact time and position and to jurisprudentially reconsider some corporal punishments with religious roots and arrangements such as temporary closure. This way, such dissidents would be theoretically disarmed. |
| format | Article |
| id | doaj-art-66441677d4fd486ea78f4eba2aa16561 |
| institution | OA Journals |
| issn | 2980-8006 2980-8014 |
| language | fas |
| publishDate | 2023-06-01 |
| publisher | Ilam University |
| record_format | Article |
| series | مطالعات تطبیقی حقوق کشورهای اسلامی |
| spelling | doaj-art-66441677d4fd486ea78f4eba2aa165612025-08-20T01:58:07ZfasIlam Universityمطالعات تطبیقی حقوق کشورهای اسلامی2980-80062980-80142023-06-011111713710.22034/lcs.2022.253427253427A Comparative Study of the Necessity of Expedient Jurisprudential Convergence of Corporal Punishments in Criminal Law of Iran and Other Islamic Countries with Deference to International Lawmohammad reza mousavifard0zahra shamcizad1hamid reza norozian2payman mansori3Assistant Professor, Department of Criminal Law and Criminology, Faculty of Humanities, Islamic Azad University, Semnan Branch, Semnan, Iran.(Corresponding Author)PhD Student in Criminal Law and Criminology, Faculty of Humanities, Islamic Azad University, Semnan Branch, Semnan, Iran.Ph.D student in public law, Faculty of Humanities, Islamic Azad University, Semnan branch, Semnan, IranPhD Student in Criminal Law and Criminology, Faculty of Humanities, Islamic Azad University, Semnan Branch, Semnan, Iran.Today, we are witnessing a series of political and media games by the Western World that seek to undermine the principle of Islamic law. One of these challenges is the issue of corporal punishment in the field of criminal law, to which there is a relatively high sensitivity. The main reason for these sensitivities is that some of these punishments are rooted in jurisprudence or Sharia, so they find an opportunity to attack the principle of religion under the pretext of human rights debates for the non-convergence of these punishments with international documents. The present study aims at exploring the possibility of converging the system of criminal law in the area of corporal punishment in order to comply with the provisions of international law based on the rule of jurisprudential expediency. It seems that through the knowledge that has been obtained from the intentions of some opponents and that human rights debates and international documents are a means not to defend real human rights but a double standard for achieving behind-the-scenes goals, it is expedient to know the exact time and position and to jurisprudentially reconsider some corporal punishments with religious roots and arrangements such as temporary closure. This way, such dissidents would be theoretically disarmed.https://lcs.ilam.ac.ir/article_253427_97cfbc390e2ca210793a6ee8798f736d.pdfcorporal punishmentcriminal lawexpediencyexecutionhuman rights |
| spellingShingle | mohammad reza mousavifard zahra shamcizad hamid reza norozian payman mansori A Comparative Study of the Necessity of Expedient Jurisprudential Convergence of Corporal Punishments in Criminal Law of Iran and Other Islamic Countries with Deference to International Law مطالعات تطبیقی حقوق کشورهای اسلامی corporal punishment criminal law expediency execution human rights |
| title | A Comparative Study of the Necessity of Expedient Jurisprudential Convergence of Corporal Punishments in Criminal Law of Iran and Other Islamic Countries with Deference to International Law |
| title_full | A Comparative Study of the Necessity of Expedient Jurisprudential Convergence of Corporal Punishments in Criminal Law of Iran and Other Islamic Countries with Deference to International Law |
| title_fullStr | A Comparative Study of the Necessity of Expedient Jurisprudential Convergence of Corporal Punishments in Criminal Law of Iran and Other Islamic Countries with Deference to International Law |
| title_full_unstemmed | A Comparative Study of the Necessity of Expedient Jurisprudential Convergence of Corporal Punishments in Criminal Law of Iran and Other Islamic Countries with Deference to International Law |
| title_short | A Comparative Study of the Necessity of Expedient Jurisprudential Convergence of Corporal Punishments in Criminal Law of Iran and Other Islamic Countries with Deference to International Law |
| title_sort | comparative study of the necessity of expedient jurisprudential convergence of corporal punishments in criminal law of iran and other islamic countries with deference to international law |
| topic | corporal punishment criminal law expediency execution human rights |
| url | https://lcs.ilam.ac.ir/article_253427_97cfbc390e2ca210793a6ee8798f736d.pdf |
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