Jurisprudential and legal Review of the Verdict of Testimony on Previous Theft after the Execution of the Sentence

Document Type : Original Article

Authors

1 .Associate Professor, Department of Law, Tehran University, Tehran, Iran,

2 Department of Law, Qom Branch, Islamic Azad University, Qom, Iran

3 Ph.D. Candidate, Department of Islamic Law & Jurisprudence, Tehran University, Tehran, Iran

10.22034/ijrj.2021.680385

Abstract

Article 202 of the Islamic Penal Code, adopted in 1370, states: "(If the thieves' fingers are cut off and after the execution of this limit, another robbery of him is proved that the thief has committed the crime before the execution of the sentence, his left foot will be cut off). The legal documentary of this article is a narration from Imam Baqir (AS). The jurisprudential documentary of this article is a narration from Imam Baqir (AS), which is expressed in two ways by Ali Ibn Ibrahim and Sahl Ibn Ziad. A group of jurisprudents with the purpose of this hadith sentenced the next execution. On the other hand, a group of jurisprudents also considered the narrative to be weak and the unit's news, and the rule of law, which calls for divisions between the two limits, or the preservation of blood, has canceled the next punishment. The legislator, in the new Islamic Penal Code of 2013, has removed Article 202, which appears to be the supersede.

Keywords


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