The Principle of “Legitimacy of Offences and Punishments in Islamic Jurisprudence

Author

Ph.D. Student of criminal law and criminology in Razavi University of Islamic Sciences

Abstract

In this article, the principle of legitimacy of offences and punishments which in turn involves in itself different principles, including the principle of legitimacy of crime and legality of the type and amount of punishment and which differs from the principle of legalism, has been analyzed. Furthermore, the legal articles or principles which have been relied upon by the authors to prove that particular case have been analyzed. Finally the principle of legality of the type and scope of punishment, as opposed to the legitimacy of and offence itself, has been recognized as a non-scientific affair.
 

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