Identifying the Concept of Sharia Stipulated Tazir with the Emphasis on the Guardian Council's Decisions

The “Sharia Stipulated Tazir” which was established in the Islamic Penal Code Act of 2014 in consequence of the Guardian Council’s objections, has been so far confronted with different interpretations due to the absence of its definition by the legislator. Since the Guardian Council has led such institution to be legislated so as to eliminate some Sharia objections and also considering its purpose cause to introduce the proper interpretation in this regard, the correct interpretation, namely the decision of the Guardian Council is clarified in this research after examination, description and analysis of the documents, resources, relevant researches and also the detailed negotiations of the Guardian Council. Besides these, the necessity of such establishment is evaluated comparing with the penal policy of Islam in this regard. The results of these examinations indicate that the concept of “Sharia Stipulated Tazir” is cases in which the “Ta’zir” is made in Islamic traditions; whether its sentence is precisely determined or it is generally ruled. In addition, the study of penal policy of Islam in this regard shows that with the absence of such Tazir in the Islamic Penal Code Act, the relevant articles weren’t faced with objections. In return, the inclusiveness of the predicted institutions of this law over the all of Ta’zirs was in line with the penal policy of Islam in this regard.