The Jurisprudential and Legal Examination of the Discretionary Punishment with Respect to the Islamic Penal Code approved 2013

The Islamic penal code, approved 2013, has recognized the legislature, as the only competent authority, to specify discretionary punishment and integrate the preventive punishments with discretionary punishments. This has been an effective step in the evolution of the country’s criminal system in the field of the crimes punishable by discretionary punishment which makes an important part in crimes list. However, classifying the discretionary punishments into two categories of the punishments expressly stated in the Quran and Hadith and the punishments not stated in them, and attributing numerous legal effects to such classification will be problematic if no specific criterion is provided to discern them. In this paper, we have tried to draw a criterion to discriminate these two categories of the punishments, and based on studying the jurisprudence fundamentals, to clarify the legal problems applicable to this issue.