Evolution of “Al-Taazir Rule” in Criminalization of “Attempt to Crime”

Shams Nateri, Mohammad Ebrahim; Mohebi, Jalil; Riazat, Zeynab

doi:10.30497/law.2016.1956

Evolution of “Al-Taazir Rule” in Criminalization of “Attempt to Crime”

Type : Research Article

Authors

10.30497/law.2016.1956

Abstract

The rule of “Al-Ta’zir is for religious taboos,” despite disagreements about its scope, holds a significant position as one of the most important bases of criminalization in Iranian criminal law, particularly regarding the criminalization of attempted crimes. Despite the legislator’s attention to Ta’zir, Article 42 of the Islamic Penal Code (1370), which decriminalized attempted crime, and Article 122 of the Islamic Penal Code (1392), which criminalized attempted crime, raise the question of whether legislators have applied the rule of “Ta’zir is for harmful acts” instead of the rule of “Ta’zir is for religious taboos.” A review of the Ta’zir rule, which requires studying the rules of Moghadame Haram and Tajari, implies that the Ta’zir rule has not evolved fundamentally and that “Ta’zir is for harmful acts” has been the basis for the criminalization of attempted crime in both acts. Despite the change in legislative approach in the new code, the shift lies only in the attitude of legislators toward harmful and injurious acts. Therefore, the evolution of the Ta’zir rule in the criminalization of “attempted crime” has occurred in its applications, not in its foundations.

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