Modern Jurisprudence and Law

Modern Jurisprudence and Law

Feasibility of Sharia interaction and Islamic law sources with the criminal law system in the light of the rule of law

Document Type : Original Article

Author
Faculty of Law and Political Science, Allameh Tabatabai University of Tehran
10.22034/jml.2024.1986468.1218
Abstract
Iran's legal system has adopted a dual position in establishing and implementing criminal laws; Islam has precisely predicted an important part of crimes and determined their punishment in terms of type, quality, and quantity, but another part could not be precisely determined because it was very volatile and they could not be legislated based on Shariah and jurisprudence sources. The constitution has identified authentic Islamic sources and fatwas as the referable authority of judges.

Based on its nature and method, this research is among descriptive and analytical research. In today's societies, new topics and issues have become the subject of criminalization, punishments and basically a set of criminal laws that require compliance with Shari'a and jurisprudence standards in a new approach that fits the requirements of the time. In the end, it should be said that the change and development in the issues and issues of the day from the perspective of jurisprudence, requires platforms where rulings can be changed in the form of these platforms; Platforms within the religion that are the basis for the transformation and compatibility of Sharia rules with the intellectual and cultural requirements of the inherently evolving human being.
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Articles in Press, Accepted Manuscript
Available Online from 30 September 2024