Document Type : Research Article

Authors

• Hossein pormahyabadi ¹
• Ahmad Gharaee Soltan Abadi ²

¹ Assistant Professor, Department of Islamic Sciences and Law, Vali-Asr University Rafsanjan, Rafsanjan, Iran

² Associate Professor, Department of Quran and Hadith Sciences, Vali-Asr University Rafsanjan, Rafsanjan, Iran

Abstract

The criminals' sense of security that the biological network is not disrupted and that their rights are being exercised can be considered one of the reasons for committing frequent robberies in Iran.the ineffectiveness of corporal punishment and imprisonment has also been proven based on numerous studies.it seems necessary to look at changing the punishment for theft in Iran.since the right to property is the most appropriate common instance between the biological network and the rights of thieves with regard to the subject of theft,The present study focuses on determining restrictions on the exercise of this right as a punishment for theft.some commentators have interpreted the Quranic word"nakal"as the disgrace of the thief,and victim satisfaction has been identified by some researchers as the ultimate goal of the Shari’a legislator in punishing theft.These principles justify the aforementioned view.In Iranian criminal law,on the one hand,Shi’a jurisprudential doctrines, include the principle of Yad,the principle of the Guardianship of the Jurist,and the real Shari’a meaning of the term“hadd”,and on the other hand,various provisions in the Islamic Penal Code are evidence of this opinion.the prohibition of possessing a checkbook or issuing commercial instruments as stipulated in clauses(c)and(v)of Article23,as well as clause(v)of Article 20 concerning legal persons.

Keywords

• restrictions on the exercise of property-based rights
• crime as a social phenomenon
• communication network
• exercise of right

Main Subjects

• Criminal Law