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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
1.1 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.
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

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