Volume 9, Issue 3 (2005)
CLR 2005, 9(3): 119-144 |
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- -. Conflict of Courts' Discretionary Power With the Rights of Victims in Islamic Criminal Law. CLR 2005; 9 (3) :119-144
URL: http://clr.modares.ac.ir/article-20-6407-en.html
URL: http://clr.modares.ac.ir/article-20-6407-en.html
Abstract: (10476 Views)
The "margine of discretion" in criminal proceeding is a policy which has been recognized in Islamic law. Accordingly, judges have the opportunity, or indeed the right, to evalute the usefulness of the punishments awarded by them. In som criminal cases, however, there appear to be certain obstacles which may prevent courts to apply their own discretion, namely the effective role of the victim in the whole proceeding, the necessity of taking into account his aims (or desires) and the possibility of his forgiveness.
In this paper, attempt has been made to illustrate that under Islamic criminal law the policy of "discretionary power" should be applied to all cases notwithstanding the right of victims.
Received: 2005/01/3 | Accepted: 2005/05/31 | Published: 2005/09/23
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