Research and development in criminal law and criminology

Research and development in criminal law and criminology

Revisiting an Ancient Penal Concept: A Contemporary Approach to Ta'zir Punishments

Document Type : Original Article

Author
Former Judge of the Supreme Court, Tehran, Iran
Abstract
The science of penology has made significant strides in recent years. Contemporary scholars, drawing on diverse research in criminal psychology and the sociology of law, have greatly expanded our understanding of crime and criminal behavior. Given the complex and pervasive nature of criminality as a major social issue, it is essential to pursue two goals: first, to reevaluate the effectiveness and responsiveness of criminal law through insights from legal history and philosophy; and second, to emphasize the rehabilitation and social reintegration of offenders as a means of crime reduction. Reexamining discretionary punishments (ta'zir) from a new perspective can contribute meaningfully to these aims. Inspired by the concept of 'judicial mysticism' and grounded in modern legal theory, this study proposes a framework for transforming ta'zir into a contemporary alternative sanction.
Keywords
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