The Legitimacy of Postponing Sentencing in Iranian Criminal Law from the Perspective of Ahlul Bayt (AS) Jurisprudence
Author(s): Mohammad Zahir Mohammadi; Ali Mohammadi Jorkouyeh; Hojjatollah Fathi
Institution: Al-Mustafa University; Institute of Islamic Culture and Thought, Iran
Category: Article, IJMMU
Topics: Postponement of Sentencing; Principle of Expedited Proceedings; Principle of Individualization of Punishment
Postponement of the issuance of a sentence is an institution that is foreseen in the Islamic Penal Code of Iran approved in 1392 and is adapted from the criminal law of France. This institution is based on the principle of individualization of punishment, which, if the legal conditions are met, can postpone the issuance of a verdict of guilt of a criminal for a limited period of time. In Islamic criminal law, the implementation of this institution of leniency is in contrast to some of the fixed penalties such as hudud, which are general in nature, because in these types of penalties, the principle is certainty and speed of the trial, and delaying the trial and delaying the execution of the punishment will not be permissible. And this principle is based on verses and narrations that do not consider negligence and leniency in delaying the execution of hudud permissible. However, the postponement of the issuance of a sentence, which can be implemented in minor ta’zir crimes such as crimes of the sixth to eighth degree, is left to the opinion of the Islamic ruler. After establishing the guilt of the accused, the court can postpone the issuance of a sentence for a period of, for example, six months to two years. Regarding the legitimacy of issuing this concession order, this research was conducted in an analytical and descriptive manner and it was stated that the permissibility of issuing this order is based on the ta’zir narrations and the rule of ta’zir according to the judge’s discretion, which does not contradict the principle of expediting the punishment process.
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