نوع مقاله : مقاله پژوهشی
کارشناسی ارشد، دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبائی تهران
عنوان مقاله [English]
The Iranian legal system has taken a dual position in the formulation and implementation of criminal law; Islam has accurately predicted an important part of crimes and determined their punishment in terms of type, quality and quantity, but another part could not be determined precisely because they are very volatile and can not be legislated based on religious and jurisprudential sources. The constitution identifies credible Islamic sources and fatwas as a reliable source for judges.
This research is a descriptive-analytical research based on its nature and method. In today's societies, new issues and issues have become the subject of criminalization, punishment and basically a set of criminal laws that require compliance with religious and jurisprudential criteria in a new approach and appropriate to the requirements of the time. In the end, it should be said that change in current issues and issues from a jurisprudential perspective, requires contexts in which the rulings can be changed in the form of these contexts; Intra-religious contexts that are the basis for the evolution and adaptation of religious rules to the inherently evolving intellectual and cultural requirements of human beings.