Research on the Evolution of the Structural Realm of Iranian Criminal Law with a Look at the Teachings of Islamic Jurisprudence; Measuring Policy in Terms of Criteria and Goals

Document Type : Original Article

Authors

1 Assistant Professor of Department of Law Faculty Economic & Administrative Sciences Arak University, Arak . Iran

2 Assistant Professor of Criminal Law and Criminology, Faculty of Humanities, Shahid University, Tehran, Iran

Abstract
Nowadays, the emerging issues and issues have significantly changed the policy-making structure in the field of criminal policy, on the basis of which the necessity of adapting these matters to the ruling criteria in the texts of Islamic jurisprudence can be easily understood. Therefore, it can be acknowledged that Iran's criminal law, within the framework of its structural territory, by adopting dual positions in approving regulations, in making policies in the process of criminalization and sentencing, in terms of type, quality, and quantity, has a considerable overlap with Islamic jurisprudence. Of course, despite the fact that in the criminal regulations, the type and method of the legislator in adopting criminal policy is such that it has set limits, but these limits have covered most of the scope of Sharia texts. In this article, while studying the coordinates of Iran's criminal law domain according to structural developments and considering the teachings of Islamic jurisprudence in accordance with policy making in this field, it will try to determine the criteria and objectives of this domain by using the descriptive-analytical research method. Therefore, the data has been collected and analyzed in a documentary way and measuring regulations based on written documents and sources, as well as studying and analyzing the views of legal experts with a phishing tool.

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