Document Type : research
Authors
1
PhD student, South Tehran Branch, Islamic Azad University, Tehran, Iran.
2
Associate Professor, Department of Public Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran
3
Assistant Professor, Department of Public Law, Faculty of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran.
10.22034/ejs.2025.461351.1823
Abstract
Background and Aims: Hudud is one of the types of punishment in Iran's criminal law, and its compatibility with jurisprudence and jurisprudence sources is a subject of discussion and opinion. Based on this, the purpose of this article is to examine the Hudud of the Islamic Penal Code and explain and apply it in jurisprudence and Quran.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: The findings showed that legal Hudud were influenced and indicated by jurisprudential Hudud, and only signs of Quranic Hudud were criminally exploited. From the narrative point of view, the establishment of Hudud is based on the idea of goodness and blessing, but the jurisprud dignity and is based on the mental and physical torment of human beings, which in the historical process of jurisprudential teachings of Hudud It is a tool for consolidating and expanding knowledge and power, especially in normativeism and structuralism.
Conclusion: The result is that in criticizing and commenting and explaining and legislating legal Hudud, it seems to be influenced by jurisprudential Hudud, while Quranic Hudud should be placed as the axis and center of explaining, applying and legislating legal Hudud, and based on law, Freedoms, justice, rationality and the requirements of the times have been regulated.
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