Study of the Relationship between Criminalization and Prohibition in the Light of the Rule “Discretionary Punishment is Prescribed for any Forbidden Act or Violation”

Gholami, Ali

doi:10.30497/law.2018.2295

Study of the Relationship between Criminalization and Prohibition in the Light of the Rule “Discretionary Punishment is Prescribed for any Forbidden Act or Violation”

Document Type : Research Article

Author

Ali Gholami

10.30497/law.2018.2295

Abstract

The relation between criminal law and morality originated from variety of Islamic juristic rules especially the well-known principle rule in Islamic criminal law saying: “discretionary punishment is prescribed for any forbidden act or violation”.
Although there is a consensus over the originality of this rule, there are different ideas about the determination the scope of the rule
Despite the all different ideas, it seems that the” discretionary punishment is prescribed for any forbidden act or violation” is a general rule in theoretical view. This thesis distinguishes between the theoretical perspective and practical one. In the case of theory, it holds a maximum support of morality by criminal law; in contrast practical approach of Islamic criminal law holds a type of support according to requirements and conditions drawn by the ruler or the leader.

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