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M. Eyni Najaf Abadi M.A, Student in Law, Tarbiat Modares University Dr. M. J. Habibzadeh Assistant Professor, Department of Law, Tarbiat Modares University In Islamic criminal law, the application of Ta’zir is based on particular cases of which two general ones can be mentioned, i.e. committing sin and corruption and anti-public interests. The concept of sin includes doing the prohibitions and failure in duties. In Islam, duty is rational including abstracts and religionous ones. But sin is punishable if it does not lie under the title of “had” or, according to sonnies jurists, is not an expiontion, and these kinds of sins, are punishable. The second cause for applying “Ta’zir” is committing behaviours which may not be considered as sin but involves social or individual corruption hurting the public order. In order to help the government, to prevent social corruptions and to reform people’s ideas and social orders, this type of behavior is considered a crime and the dore must be punished and is described in art. 17 of Islamic punishment Act. Furthermore, according to criminal Law, a measure for applying Ta’zir is committing a behavior considered criminal by law. So it is explicit from the principle 167 of Iranian Constitutional Act that if a behavior is not considered criminal by law, Ta’zir can not be applied. The reason is that in determining crimes and punishments, principle 36 of Iranian Constitutional Act supports principle 167 saying that the judge has to hold Ta’zir only based on the law.

     

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