About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

13 Eur. J. Crime Crim. L. & Crim. Just. 585 (2005)
Development of Criminal Punishment in the Iranian Post Revolutionary Penal Code

handle is hein.journals/eccc13 and id is 589 raw text is: Mohsen Rahami* Development of Criminal Punishment in the Iranian Post Revolutionary Penal Code 1. INTRODUCTION 1.1 Background Before the adoption of the modem penal code in 1925 and the establishment of modem criminal justice, there were at least two kinds of adjudication in Iran. First, the Sharia I courts headed by the prominent Islamic scholars that were based on the Sharia laws; Hudud,2 Qisas (retaliation), Deyat (compensation, blood money) and Ta'zirat (discretionary punishments); second, Courts appointed by the central government or the provincial rulers and under the supervision of the government which heard the customary cases such as crimes against the government, causing disorder, refusing tax payments, contact with aliens and so on. In such courts the administration of justice was not based on given and specified regulations and the individual who had committed a crime was punished by the monarch or the local governor based on their own discretion; in most cases the sentences were harsh corporal punishment, long imprisonment, confiscation of properties and banishment from the hometown. Upon the enactment of the Penal Code in 1925, crimes and punishments to some extent became systematic, inspired by the customary punishments of the European * Professor of criminal law and Islamic jurisprudence at the faculty of law and political sciences, Tehran University; and the Head of High Education Center of Qom, Iran. Email: mrahami@ut.ac. it. Sharia which literally means 'the way to the source' and 'a path to faithfulness', is a corpus of Islamic jurisprudence. Sharia has been reduced to legalistic formulae of a penal code in the minds of many, Muslims and non-Muslims alike. 2 A concept which literally means 'limits'. In the jargon of Muslim jurists, (fuqaha) this term is inclusive of the punishment which is revealed and therefore is fixed and immutable European Journal of Crime, Cnmnmal Law and Crnial Justice, Vol 13/4, 585-602, 2005 © Komnkhjke Brill NV Pnnted m the Netherlands

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most