نوع مقاله : مقاله پژوهشی
نویسنده
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The relation between criminal law and morality originates from various Islamic juristic rules, especially the well-known principle in Islamic criminal law stating: “Discretionary punishment is prescribed for any forbidden act or violation.” Although there is consensus over the authenticity of this rule, there are different opinions regarding the determination of its scope. Despite these differing views, it seems that “discretionary punishment is prescribed for any forbidden act or violation” is a general rule from a theoretical perspective. This thesis distinguishes between the theoretical and practical perspectives. In theory, it represents maximum support of morality by criminal law; in contrast, the practical approach of Islamic criminal law provides support according to the requirements and conditions determined by the ruler or leader.
کلیدواژهها [English]
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