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Paper Information

Journal:   JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW   fall 2018-winter 2019 , Volume 11 , Number 22 ; Page(s) 9 To 40.

Religious Jurisprudence Study of the Effects of Crime Repetition on Punishment in Hodod Issues with Emphasis on Feiz Kashani Views in Mafatih al Sharayeh

Author(s):  TAGHVAEI ABBAS*, SABERI HOSSEIN, Naseri Moghadam Hossein
* Lahijan Azad University, Lahijan, Iran
One of the important issues in religious jurisprudence subjects is the role of crime repetition in punishment aggravation and alteration which is indicated in some punishment one by one, not publicly and separately, but in new legal text, it is indicated separately and in relation jurisprudence is indicated as the aggregative factors. Most of the juris consults have used these punishment issues in their punishment sentence one by one separately, although some believes to the similar role of the repetition in the form of punishment in some crimes. The main subject in this article which is disputable is the role of repeated crime punishments in changing the ascertated punishment to the execution sentence which the most jurisprudence is agreeing with. Some differences, and as we know with reviewing of the development of this issue according the opinions of the early jurists up to the contemporary jurists and finally adaptation of the early and later jurists opinions with one of the forward thinking jurist. In 11 centuries AD named Molla Mohsen Feiz Kashani in Mafatih al Sharayeh can be illustrative of special and delicate view in Shiite legal history and its developments which are changed to an important and single issue in contemporary rights.
Keyword(s): punishment,crime repetition,deserving punishment,aggravation,repetition historical ante cedent,aggravate factor
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