Month: January 2020
-
Resultant Moral Luck and Criminal Law
Resultant Moral Luck and Criminal Law Abstract: Moral luck, which is a new concept in moral philosophy, challenges our ordinary moral evaluation. According to human’s moral intuition, people are only evaluated for their controllable behaviors. However, while people have no control over results of their behaviors, results are effective in our moral judgments. This issue, in its …
-
An Analytical-Critical Investigation of Differences Between Had and Ta’zir
An Analytical-Critical Investigation of Differences Between Had and Ta’zir Rahim Nobahar(PhD), Faculty of Law, Shahid Beheshti University According to the basic rules of Islamic criminal law, punishments are classified in to “had” (prescribed punishment fixed in law) and ta’zir (discretionary punishment left to the decision of the judge). In traditional view, it is believed that…
-
From Saving Government to Saving Social System
Abstract: This article sheds light on the theological-jurisprudential concept of the Rule of saving the system (hifdh al-nidhām) and its origins in both theology and jurisprudence. The article insists the broader sense of the Rule and its close relationship with social order. While mentioning some examples of the Rule in different juristic issues, the article…