نوع مقاله : مقاله پژوهشی
1 دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبائی تهران
2 استادیار گروه حقوق جزا وجرمشناسی، دانشکده حقوق و علوم سیاسی، دانشگاه علامه طباطبایی تهران، تهران، ایران.
عنوان مقاله [English]
The Iranian legal system has taken a dual position in the implementation of criminal law; Islam has precisely determined a significant portion of crimes as predicting and punishing them in terms of type, quality and quantity, but the other part was not accurate because it is very popular and cannot be explained based on religious and jurisprudential sources. The Constitution has identified valid Islamic resources and fatwas as the reference to judges.
This study is one of the analytical descriptive research based on the nature and method. In today's societies, new issues and issues have become the subject of punishment, and essentially a set of criminal law that require compliance with religious and jurisprudential criteria in a new approach tailored to the requirements of time. In the end, it should be said that the change in the issues and issues of the day from the jurisprudential point of view requires the platforms in which the sentences in the form of these platforms are changed; Intra -religious contexts that are the basis of the evolution of religious law with the intellectual and cultural requirements of human beings inherently transformed.