Feasibility of Applying The Principle of ne bis in idem in Islamic Punishments

Document Type : Original Article

Authors
mahdi rahmani 1
Seyyed Abolghasem Naghibi 2
1 Masters of Criminal Law and Criminology of University Tehran
2 Professor of Jurisprudence and Law, Shahid Motahari University, Tehran, Iran
10.30497/sj.2024.246149.1380
Abstract
The principle of the prohibition of double punishment (ne bis in idem) after years of discussion, in the Islamic Penal Code of the Year 1392 returned to Iran's criminal laws. Unlike General Penal Code approved 1352, this principle in the Islamic Penal Code only has been applied in discretionary punishment (punishment imposed by the government) and it does not apply to Shari'a punishments (Islamic punishments). The limitation of applying this principle in the law originates from the point of view of some jurists. But it seems by stating some arguments that resulting from someone jurisprudential rules, can be applied the principle of the prohibition of double punishment (ne bis in idem) about Shari'a punishments. Including these arguments is: Applying some of the jurisprudential rules such as No harm and No hardship, pay attention to the criteria of some rulings, pay attention to special features of some punishments such as compromise on right to demand retaliation or on blood money, create bugs in the interests of the rulings of Hodud
Keywords
The Principle of ne bis in idem
Islamic Punishment
Double Punishment
Discretionary Dunishment
Hodud

  • Receive Date 11 October 2023
  • Revise Date 28 November 2023
  • Accept Date 24 December 2023