Sharia-based Ta zir; its Concept in Fiqh and its Legal Examples

As the result of the Guardian Council’s objections to the Islamic Penal Code, a kind of punishment as "Sharia-based Tazir" has actually entered the Iranian criminal justice system to which a number of rules cannot be applied According to Clause 2 of Article 115 of the Islamic Penal Code. Understanding the bases of this particular kind of punishment, its quantity in our criminal law, the consequences of its entrance into the Islamic Penal Code, and eventually the criticism of the approach adopted by the legislature are followed in this article. It is claimed here that the enactment of this kind of punishment has almost no considerable positive effect and adversely it causes a lot of confusion among jurists and creates the possibility of violation of the rights of the convicted.