An Investigation of the Substantial Punishment of Apostasy from the Perspective of Islamic Jurisprudence and Iranian Penal Code
According to the Islamic Penal Code and the jurists' point of view, the penalties are divided into three categories:1. The main punishment is the punishment provided by law for any offense and must be stated in a court order.2. Supplementary punishment, which is mainly optional. In such a way that in the case of inadequacy, it will punish the offender with additional punishment.3. Subordinate punishment. These penalties are applied in accordance with the main punishment for the offender and are not stated in the lawsuit and the judge is not involved in the application of the subordinate punishment. This is the legislator who in some cases and convictions applies the subordinate punishment. From the point of view of the Islamic Penal Code for the application of the subordinate punishment, in addition to the definite criminal conviction, it is also a condition for its execution. In other words, the punishment is subordinate to the punishment after the main punishment has been committed in deliberate crime.Subsidiary punishment is derived from customary law and is not provided for in the penal jurisprudence of Islam and its criminal law as subsidiary punishment. However, in some penal jurisprudence books, in addition to the main punishment, it has also dealt with subordinate punishment, including deprivation of inheritance and deprivation of apostasy, including the importance of specific instances of subordinate punishment. Islamic jurisprudence and the penal system of Iran.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.