واکاوی تعزیر در محرمات شرعی و نقض مقررات حکومتی

Ta’zir, as the main punishment in the laws and regulations that have more application, must be clearly defined its limits and territory. in terms of its cause, ta’zاتr is divided into shar’i prescribed ta’zir and ta’zir for committing shari’ah prohibitions and violating government regulations in the islamic penal code 9213. the purpose of this study is to explain the difference between ta’zیرr in committing shari’ah prohibitions and violating government regulations. ta’zیرr in committing shari’ah prohibitions in the realm of ta’zاتr and whether it is a divine right or a human right. its public status is due to the violation of the rights of society and disturbance of public order, and they also differ in the implementation of the rule of law. it is carefully understood in the jurisprudential principles and words of the jurists that ta’zir for violating government regulations in order to maintain public interests and public health and sanitize social relations is more extensive than ta’zir in committing religious prohibitions and the characteristics of this contractual ta’zir being community-oriented means that ta’zir is related to the centrality of society and public order, and also has a general deterrent to ta’zir in committing taboos. practical rules such as the principle of individualization of punishments, the proportionality of crime and punishment, and the inclusion of the rule of law can also apply to this part of government sanctions.

investigation of ta’zir in sharia prohibitions and violation of government regulations

what is always referred to as puberty as the beginning of the responsibilities and limitations of the obligated human being is the attainment of a girl and a boy at a certain age; but regardless of its religious basis, puberty is a natural phenomenon with the actualization of sexual talent and reproductive powers. the criterion and rule specified in verse 6 of surah an-nisa ’. however, many narrations and news have mentioned various signs to interpret this stage of sexual ability and have stated different ages for it. the studies of this research show that the jurisprudential arguments presented to determine age as a criterion of maturity for individuals can be criticized and damaged. at the same time, these arguments contradict the truth of maturity mentioned in the verse. because attention to maturity in terms of ability and fertility is affected by many factors such as climate and climatic characteristics. that is why in the narrations, various ages have been expressed that have dealt with the subject of the need of the addressee of the word. however, this issue has not been much considered in the fields of jurisprudence and law, and dynamic jurisprudence is expected to have a fundamental review of the issue.