Volume 20, Issue 70 (9-2015)                   __Judicial Law Views __2012__, 20(__59__): __22481 | Back to browse issues page

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Criticizing the amount of . دیدگاه‌های حقوقی. 2015; 20 (70) :57-81
URL: http://jlviews.ujsas.ac.ir/article-1-830-en.html
Abstract:   (4216 Views)

The legislator of the Islamic criminal code in article 268 has stipulated that Theft shall be punishable by "hadd" punishment provided that some collective conditions are met, among them, The stolen property, at the time it was taken out from the herz [the secure place] has a value equal to 4.5 chickpea coined gold or a quarter of a dinar.

 This viewpoint, although strengthened with the agreement of the majority of the Imamiah Shia jurisprudents and criminal courts have issued the sentence according the above-mentioned article in some cases, but is not the only one in this subject, some other jurisprudents have an different point of view. Delimiting the "Nisab" of the stolen property to fifth, third, and a whole dinar alongside the main view of the majority are all the views about this subject.

This research, analyzing all the presented viewpoints and studying their proofs, has argued and concluded that the viewpoint of reaching the value of the stolen property to a whole dinar is compatible with jurisprudential standards. Exigency of the principle of Dar’a, and also the maxim of Precaution, and being founded the basement of the punishments on reduction and laxity, are some of the proofs of the writer for his viewpoint.

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Type of Study: Applicable Research | Subject: Criminal Law
Received: 2016/06/12 | Revised: 2019/01/06 | Accepted: 2016/12/18 | Published: 2017/01/08 | ePublished: 2017/01/08

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