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Paper Information

Journal:   ISLAMIC LAW RESEARCH JOURNAL   FALL 2016-WINTER 2017 , Volume 17 , Number 2 (44) ; Page(s) 27 To 48.
 
Paper: 

EVOLUTION OF “ALTAAZIR RULE” IN CRIMINALIZATION OF “ATTEMPT TO CRIME”

 
 
Author(s):  SHAMS NATERI MOHAMMAD EBRAHIM, MOHEBI JALIL, RIAZAT ZEYNAB
 
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Abstract: 

The rule of “altaazir is for religious taboos”, despite of disagreements about its limits, in the position of one of the most important basises of Criminalization in Iran criminal law in Criminalization of Attempt to Crime have been attentive by legislators. Despsite of legislator, s attention to Attazir, article 42 of Islamic Punishment Law (1370) that discriminalized Attempt to Crime and article 122 of Islamic Punishment Law (1392) which criminalized Attempt to Crime raises the question that have legislators used the rule of “ataazir is for harmful acts” instead of the rule of “ataazir is for religious taboos ”.
Review of Ataazir Rule which require to study in rules of “moghadame haram” and “tajari”, implies Ataazir Rule has not revolutionized and “ataazir is for harmful acts” has been the base of Criminalization of Attempt to Crime in both Acts and despite of changes of approach in the new Act, only the attitude of lagislators have changed to harmful and injurious acts, therefore evolution of “Ataazir Rule” in Criminalization of “Attempt to Crime” has been in instances not basises.

 
Keyword(s): CRIMINALIZATION, EVOLUTION, ATAAZIR RULE, ATTEMPT TO CRIME, TABOO, HARMFUL ACTS, MOGHADAME HARAM, TAJARI
 
 
References: 
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Click to Cite.
APA: Copy

SHAMS NATERI, M., & MOHEBI, J., & RIAZAT, Z. (2017). EVOLUTION OF “ALTAAZIR RULE” IN CRIMINALIZATION OF “ATTEMPT TO CRIME”. ISLAMIC LAW RESEARCH JOURNAL, 17(2 (44) ), 27-48. https://www.sid.ir/en/journal/ViewPaper.aspx?id=569684



Vancouver: Copy

SHAMS NATERI MOHAMMAD EBRAHIM, MOHEBI JALIL, RIAZAT ZEYNAB. EVOLUTION OF “ALTAAZIR RULE” IN CRIMINALIZATION OF “ATTEMPT TO CRIME”. ISLAMIC LAW RESEARCH JOURNAL. 2017 [cited 2021May08];17(2 (44) ):27-48. Available from: https://www.sid.ir/en/journal/ViewPaper.aspx?id=569684



IEEE: Copy

SHAMS NATERI, M., MOHEBI, J., RIAZAT, Z., 2017. EVOLUTION OF “ALTAAZIR RULE” IN CRIMINALIZATION OF “ATTEMPT TO CRIME”. ISLAMIC LAW RESEARCH JOURNAL, [online] 17(2 (44) ), pp.27-48. Available: https://www.sid.ir/en/journal/ViewPaper.aspx?id=569684.



 
 
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