This research conducts a comparative analysis of the punishment of moharebeh in the legal system of Iran, based on the Islamic Penal Code of 2013, and in Hanafi jurisprudence. The central focus of the study is to examine the conceptual, substantive, and punitive differences in the definition and sanctioning of this crime, as well as to analyze the theory of discretion (takhyir), which grants the judge the authority to choose among prescribed punishments, and the theory of sequence (tartib), which requires alignment between the nature of the criminal conduct and the corresponding punishment. The research adopts a descriptive-analytical and comparative methodology. Data were collected through library research and an examination of juristic sources, statutory provisions, and doctrinal legal opinions. The research corpus includes Imami jurisprudential works, Hanafi legal doctrine, Iranian legislation, and the views of contemporary legal scholars.

The findings demonstrate that the concept of moharebeh in Iranian law is broader than in Hanafi jurisprudence, as it encompasses merely drawing a weapon and creating fear in society. Moreover, under Iranian law, by embracing the theory of discretion, the judge is empowered to select one of four punishments—death, crucifixion, amputation, or exile—without a mandatory linkage to the specific form of criminal conduct. In contrast, Hanafi jurisprudence, grounded in the theory of sequence, determines punishment according to the gravity and type of the act committed, such as killing, plunder, theft, or intimidation.

The study concludes that the broad judicial discretion recognized in Iranian law raises concerns regarding the principles of legality and proportionality of punishments. It argues for legislative reconsideration aimed at restricting judicial discretion and establishing objective criteria to ensure proportionality. In this regard, the sequential approach of Hanafi jurisprudence may provide a constructive model for enhancing criminal justice and predictability in sentencing.