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Rules of Criminal Fiqh (Had and Tazir, Qisas and Diya Punishments)

Rules of Criminal Fiqh (Had and Tazir, Qisas and Diya Punishments)



Groups : law
Publisher : RIHU
Category : Law
Published At : May 2008
Status : Printed

Criminal Fiqh has not experienced adequate growth and development, in comparison to Fiqh of Worship (Fiqh Al – Ibada) and Fiqh of Trade. This must be caused by the circumstances and conditions through which the Islamic world has gone.

Despite the wide acceptance of criminal law after the victory of the Islamic Revolution, criminal Fiqh issues have been more considered than its laws, especially the specific criminal ones. In order to overcome this shortcoming, the book in its preface and three sections examines the specific criminal laws of had (it refers to punishments that under Islamic law (shariah) are mandated and fixed by God) and ta'zir (refers to punishment for offenses at the discretion of the judge (Qadi) or ruler of the state), Qisās (is an Islamic term meaning "retaliation in kind") and Diya (is the financial compensation paid to the victim or heirs of a victim in the cases of murder, bodily harm or property damage) punishments and describes thirty relevant principles in detail. After examining the concepts, terms, and documentation of each law, it investigates its status in the legal system of the Islamic Republic of Iran and then reviews and analyzes the rules, circulars, by-laws, and the courts’ judges for each law.

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