Fixed and Variable in the Iranian Penal System with a Historical Approach to Pre-Islamic Moral Considerations

Rulings and laws that can take place in different time and place conditions are fixed rulings, and rulings that are temporary or differ by lifestyle, are variable. The fixed and variable issue in the Iranian legal and penal system is important because the study of the history of changes in laws does not show a change commensurate with the needs of individuals and society. Banks are still grappling with a dilemma called usury over jurisprudential opinions and various laws. The stability of laws prevents the dynamics of rights. To prevent such a situation, it is necessary to examine the effective context in the formation of laws, including their historical context, to answer the question of what is the impact of pre-Islamic Arab ethics in the formation of criminal law.

This article with a descriptive-analytical and library method reviewed the foundations of the conservatives and tried to explain the position of the historical context of sentencing.

In order to organize this research, observing the originality of the texts, honesty and fidelity have been noticed.

One-sided concern for the appearance of the Book and Tradition in setting punishments (fixation), and disregard for the history of the age of revelation, is certainly one of the reasons for the reduction of the content of the existing penal system. This basis is not justified from a logical point of view; it imposes criminal punishments commensurate with one era on other eras.

The pre-Islamic legal regime contains some "moral considerations" consistent with the free-spirited morality of the ancient Arabs and sometimes ignorant exploitation, which constituted the status of laws related to Usury, the Guarantee of Wisdom, the Blood Money of One Hundred Camels, and cases like this. It should not remain constant so far the extent that important in criminal principles such as the principle of personal punishment, the principle of proportionality of crime and punishment, the principle of rational and moral justification of punishment, will be neglected.