The regularity of the implementation of the rule of Dara in the criminal policy of Islam

legislator explicitly mentioned this rule in articles 120 and 121 of the Islamic Penal Code, and according to the opinion of the famous jurists, it was considered applicable to all crimes. However, on the one hand, the disparity of opinions in the practical application of the rule in the judicial procedure and the lack of differentiation of the limits of this rule in conflict with other jurisprudential principles such as caution and innocence, and on the other hand, its unregulated application, which is apparently in conflict with the fundamental principles of criminal justice, including the certainty and certainty of punishments in The criminal policy of Islam is complicated, it requires checking and explaining the different angles of the rule. The result of the investigation shows that the channel of the Olad rule is in the cases of definite suspicions and a kind of validity in the eyes of the rational people, which causes the punishment to be rejected or converted into easier punishments. Emphasizing that merely proposing or citing an undocumented possibility cannot be accepted. Secondly, the application of the rule in crimes with the aspect of divine right and natural right is different and differentiated, in such a way that the application of the rule will be broad in crimes of divine right and narrow and limited in crimes of natural right. In this regard, articles 120 and 121 of the law consider any type of suspicion or doubt in any crime that does not have the aspect of natural rights (such as war, corruption, robbery, and blasphemy) as a general reason for not proving the crime. If there is no evidence to negate it", the allocation of "irrefutable suspicion" is considered to be the reason for not proving the crime, and Article 211 will also support this opinion