Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 248-263 |
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Farahani S, Masoudian M. Leadership in Pardoning and Mitigating of Hudood, with Emphasis on in the Ward 11 of Article 110 of the Constitution. MLJ 2022; 16 :248-263
URL: http://ijmedicallaw.ir/article-1-1622-en.html
URL: http://ijmedicallaw.ir/article-1-1622-en.html
1- Department of Fiqh and Criminal Law, Shahed University, Tehran, Iran.
2- Department of Fiqh and Islamic Law, Shahed University, Tehran, Iran.
2- Department of Fiqh and Islamic Law, Shahed University, Tehran, Iran.
Abstract:
Background and Aim: Today, in most legal systems, one of the measures to resocialize criminals is to grant amnesty or commutation of the sentence of the convicts by the highest authority of a country. In this regard, paragraph (1) of Article (1) of the Constitution considers one of the powers of the leadership to pardon or reduce the punishment of convicts within the limits of Islamic standards. Our most important goal in the present article is to explain the exact meaning of the phrase "within the limits of Islamic standards" in this principle and its religious requirements in order to determine the limits of this competence for leadership.
Method: This descriptive-analytical article has been prepared using documentary method and filing tool.
Ethical Considerations: In all stages of writing the present study, honesty and trustworthiness have been observed.
Results: The findings indicate that, the provisions of the amnesty and mitigation commission of the convicts approved in 1387 does not fully comply with the jurisprudential standards in this regard due to the limitation of the leadership's competence to pardon or reduce the convicts to the Hudood; Therefore, considering that the by-laws have not been reviewed by the Guardian Council so far in terms of inconsistency or non-inconsistency with the Shari'a and the Constitution, it is necessary to review and amend the by-laws in this regard.
Conclusion: The result of descriptive-analytical study of this issue indicates that firstly, "Islamic standards" in this principle, including primary and secondary rulings. Secondly, according to the Shari'a, the authority to grant amnesty or commutation of the sentence of the convicts by the leadership is reserved for the convicts to Hudood, in special circumstances and if there is a compelling expediency, it is possible to , Pardoning or Mitigating these convicts to a secondary verdict for the leadership.
Please cite this article as:
Farahani S, Masoudian M. Analyzing the Jurisprudential Requirements of Competence of the Leadership in Pardoning and Mitigating of Hudood, with Emphasis on in the Ward 11 of Article 110 of the Constitution. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e18.
Method: This descriptive-analytical article has been prepared using documentary method and filing tool.
Ethical Considerations: In all stages of writing the present study, honesty and trustworthiness have been observed.
Results: The findings indicate that, the provisions of the amnesty and mitigation commission of the convicts approved in 1387 does not fully comply with the jurisprudential standards in this regard due to the limitation of the leadership's competence to pardon or reduce the convicts to the Hudood; Therefore, considering that the by-laws have not been reviewed by the Guardian Council so far in terms of inconsistency or non-inconsistency with the Shari'a and the Constitution, it is necessary to review and amend the by-laws in this regard.
Conclusion: The result of descriptive-analytical study of this issue indicates that firstly, "Islamic standards" in this principle, including primary and secondary rulings. Secondly, according to the Shari'a, the authority to grant amnesty or commutation of the sentence of the convicts by the leadership is reserved for the convicts to Hudood, in special circumstances and if there is a compelling expediency, it is possible to , Pardoning or Mitigating these convicts to a secondary verdict for the leadership.
Please cite this article as:
Farahani S, Masoudian M. Analyzing the Jurisprudential Requirements of Competence of the Leadership in Pardoning and Mitigating of Hudood, with Emphasis on in the Ward 11 of Article 110 of the Constitution. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e18.
Type of Study: Original Article |
Received: 2023/03/13 | Accepted: 2023/05/4
Received: 2023/03/13 | Accepted: 2023/05/4
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