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Aspects of the Iranian Code of Islamic Punishment: The Principle of Legality and the Temporal, Spatial and Personal Applicability of the Law

In: International Criminal Law Review
Author:
Silvia Tellenbach Max Planck Institute for Foreign and International Criminal Law, Freiburg, Germany

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Abstract

Iran declares itself an Islamic Republic in which all laws and regulations must be based on Islamic criteria as interpreted by the Shi'ite dja-farī School. As a consequence, Islamic law has to be applied to all the everyday legal problems of a modern state of about 73 million inhabitants and, in addition, the position of Iran in the international community must be in accordance with Islamic law. This contribution deals with selected topics of criminal law looking at the solutions that exist in Iranian criminal law. Furthermore, it examines to what extent Islamic law as understood in Iran accepts regulations which are internationally generally applied and what are the points on which Islamic law and Western law do not reach a common understanding.

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