insulting to prophet or imam is obscene, shameful and insupportable for any muslim, so the person who insults must be killed. any where that there is no islamic government or it has not been ordained any rule about killing insulter; killing insulter has no retaliation (punishment). but when legislator especially issued a rule for killing punishment in article513 for the crime of insulting to pr...

one of the criminal titles that are assigned punishment for it in the code is the lack of canonical veil in the society as a defect of religious essential that is called “tabarroj”, in the islamic traditions. this article studies the edict of tabarroj from quran & islamic traditions, oppositely of illuminates of resent centuries who do not suppose it so bad. tabarroj is a definite illegal act &...

the essential difference between hadd and ta‘zīr has long been accepted in islamic penal system. based on a study of the holy texts and the statements of the scholars it can be asserted that the rule according to which ‘the type and size of the hadd is defined by the legislator, whereas the type and amount of the ta‘zīr would only be determined by the islamic ruler’ is not comprehensive and lac...

mental disabled, according to the individual tort system is consider being liable if causes damage to another person. this rule seems not to be fair. in this article two solutions are proposed: first, fault presumption obtained by extensive interpretation of article seven of tort act and second authority conferred to judges by article 7 of the same act. but the just and final solution is the cr...

dara' rule changes in islamic penal code with the modern penology teachings approach keyvan heidar nejad [1] fatemeh ahadi [2] seyyed abulfazl mirjafar pour [3]   abstract:                        dara' is one of the rules that is derived from figh. the rule indicates that by proving doubt or hesitancy at the time of committing crime, the offence cannot be proved. in the former penal c...