The Typology of the Reaction of Islamic Government to Political Crimes by Ghassem Mohammadi

Abstract

Political crime is regarded to be a recent term introduced in Iran simultaneously with the Constitutional Revolution (Mashrooteh). Despite the fact that the duty to define and the determination of its instances was left to the ordinary law by the constitution, the task was not accomplishing till the law of political crime in 2016 due to various reasons.
The relation between political crime and the tradition of Islamic jurisprudence (Fiqh) was considered to be a significant issue after the Islamic Revolution 1979 in Iran and the adoption of the Constitution of Islamic Republic of Iran. Some scholars have ascribed the political crime to the well-known Islamic jurisprudential concepts of Islamic prescribed punishments (Had/Hudud) and discretionary punishments (Ta'zir/Ta'zirat), while other have opposed to the recognition of political crime through this kind of ascription to the rules of Hudud and foreseeable overlapping issues. It appears there can opt a way to recognized the political offence as a crime along with other crimes and as a Ta'zir crime through the analysis of the elements of Hudud crimes.

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