Showing 24 results for Habibzadeh
Volume 2, Issue 4 (10-2016)
Abstract
Background: Hepatitis B infection is a major public health problem worldwide. Given that immune response towards the vaccine is not perfect, we aimed to evaluate circumstances of immune response in vaccinated students.
Materials and Methods: In this study, 219 medical students of Ardabil University of Medical Sciences were recruited, who had been administered vaccine series for the first time, and booster doses after one and six months completely. The serum samples were extracted from whole blood of the participants. The concentration of Hepatitis B surface antigen (HBsAg) and anti-HBs antibody (HBsAb) was measured using a commercial ELISA kit.
Results: It was observed that 201 cases (91.8%) out of 219 cases had positive anti-HBs antibody response, and 18 subjects (8.2%) were nonresponsive cases. Level of HBsAb was significantly different between males and females as well as alcoholics and non-alcoholics. None of the cases was identified as positive for HBsAg.
Conclusion: Considering the results of the present and previous studies in other countries, it can be claimed that the mass vaccination has been effective, especially in medical students.
Volume 2, Issue 5 (12-1997)
Abstract
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.
Volume 3, Issue 4 (12-1999)
Abstract
Mohammad Jafar Habibzadeh
Associate Professor, Department of Law, Tarbiat Modares University
Hossein Babaie
Ph.D. Candidate, Tarbiat Modares University
"Homicide at the Marriage bed" means to kill the wife and a stranger at the time of fornication by husband.
According to the 630 article of Islamic punishment if the husband himself sees his wife and a stranger at the time of fornication and killes both of them, he will be exempted from retaliation. Certainly husband has permission to homicide when his wife commits fornication Freely and not with duress or compulsion.
The 179 article of public punishment law, approved in Bot 1925, had been devoted to this subject. In that time law maker without noting religious judicial principls had expanded the application of the law so that the fornication between the wife and the stranger was not a necessary condition And even if the husband saw them in a situation which made him be suspicious, he would enjoy absolute or relative exemption.
About the basis of this exemption different theories are proposed by jurists and lawyers as: self defense theory, incitement theory, to do prescribed punishment, beiny outlaw of pornicator and adulteress. According to religious jurisprudence what has been qouted in the first martyr’s Durus book has been considered the basis of judgment. In this 'article we are going to judicially analyse these theories.
Volume 4, Issue 2 (6-2000)
Abstract
Mohammad Jafar Habibzadeh
Associate Professor, Criminal Law and criminology Department, Tarbiat Moddares University
Embezzlement and misappropriation of public property are among crimes against public order. Both of which have certain characteristics in common, while they are different in other aspects. What relates these two crimes toghether is the characteristics of the offender, becouse in both cases the offender must be a "public employee or in a position to act as a public employee" and the essential difference between them would be the type and means of "criminal behavior". Consequently, the criminal behavior in embezzlement is "withdrawal and appropriation", while ill misappropriation of public property is "the employment, usage or illegal application" of public property.
The subject of both crimes concerns with property essentially the government property or the property of the public domain. However, embezzlement concerns with personal property, while the misappropriation of public property concerns with both personal property and immovable property. Funds are not considered among misappropriation of public property, since if funds are appropriated the crime of embezzlement is committed. With respect to other properties, one must analyze the situation while considering the manner of interference and other aspects relating to the crime. In instances that the crime committed cannot be fully assessed or determined, and considering that embezzlement in its moral and materrial context requires conditions and elements which exceed misappropriation, and relying on the principle of ruling on behalf of the defendant, this criminal act will be regarded as misappropriation of public property rather than embezzlement.
Volume 4, Issue 4 (12-2000)
Abstract
Ali Hossein Najafi Abran Abadi
Associate Professor, Department of Law, Shahid Beheshti University
Mohammad Jafar Habibzadeh
Associate Professor, Department of Law, Tarbiat Modares University
Mohammad Ebrahim Shams Nateri
Ph.D. Student in Criminal Law, Tarbiat Modares University
One of the most important threats to the world community in modern age is the "Organized Crime". In criminology this includes the sever eunlawful activities committed by the highly structured groups with special characteristics to obtain power and benitits, although in criminal Law these attributes are not necessary for the groups. This crime however is as old as the nation, but the globalization of the economy and depending, of the countries upon each other on economic matters and the development of the international comunication and transportation have cused it to become transnational and to expand its domain to international level.
Organized crime has been studied in criminology at first. Some states have criminilized it, but not widely, in their internal law after appearance of its threats to' the community by the crriminologists. Furthermore, several regional and international treaties have been signed to combat Organized Crime. Because of its threats, the U.N. Convention Against Transnational Organized Crime has been signed in November 2000 in General Assembly session of U.N. to promote international cooperation and harmonize internal laws against transnational organized crime.
Because Iran has engaged in combatting organized crime, especially during trafficking, it is necessary for Iranian legislature to legislate proper Acts to prevent, control and supress manifestations of Organizaed Crime.
Volume 4, Issue 4 (12-2000)
Abstract
Mohammad Jafar Habibzadeh
Associate Professor, Department of Law, Tarbiat Modares University
Bribery is known as a public crime. It is relized by two parties: briber and bribee. Without paying attention to view of private criminal law and criminology, in this research we have investigated the substance of bribery, whether does it alocate to subject of judgment, is active corruption and passive corruption a single crime and finally how the question of taken goods by bribery must be treated. It is concluded that bribery doesn't alocate to judgment, active and passive corruption which are independent crime and the third result is the property must be return to its owner. Even if the legislature can design the equivalent of the taken goods as a pecunary which must be paid by defendant.
Volume 5, Issue 4 (12-2001)
Abstract
Mohammad Jafar Habibzadeh
Associate Professor, Department of Law, Tarbiat Modares University
Ali Hossein Najafi Abrand Abadi
Associate Professor, Department of Law, Shahid Beheshti University
Kiomarth Kalantary
Ph.D. Student of Criminal Law, Tarbiat Modares University
Although the penal law is a necessity for a society, the consequences of its approval and execusion can not be overlooked. This is because, every penal law, with all it's advantages, limits people's freedom and increases the power of the State, which results in the vulnerability of the people against the government human beings, by nature, like to have freedom without limitation, Whereas in a social system the state allows people to enforce their freedom within the established limits, if criminal laws , are not of the right qualifications and if they are in congruent With the natural rights of human beings, clashes between the people and the government will be inevitable. To solve this problem, a criminal sanction should be chosen as the final solution. Notwithstanding this, today the legislator in Iran passes numerous penal laws without paying attention to their efficiency and consequences. More specifically, the legislator has passed more than 245 substative penal laws from 1358 (1979) to 1378( 1999) and if we add jurisprudences issued by the Supreme court and the provisions ratified by Cultural Revolution High Counsil regarding the criminal regulations, the quantity will be even greater. Therefore, this paper attempts to discuss overcriminalisation, its causes and its consequences in Iranian legal system.
Volume 5, Issue 4 (12-2001)
Abstract
Ali Hossein Najafi Abrand Abadi
Associate Professor, Shahid Beheshti University
Mohammad Jafar Habibzadeh
Associate Professor, Department of Law, Tarbiat Modares University
Abulfat'h Khaleghi
Ph.D. Student of Criminal Law, Tarbiat Modares University
The imprisonment (custodial sentences) is the most common and expensive sanction in the criminal law, which has enjoyed hardly any success on the treatment of the offenders due to the complexity of the prison administration. Reform in the prison administration and search for an appropriate alternatives for it, have long attracted the attention of the penologists, it has recently intensified with the appearance of community punishment theory. This theory was designed with the aim of sentencing without unnecessary intervention in the social and emotional relationships of offenders together with protection of public security and welfare. Home detention as a sample of community punishment has reduced incarceration rates and restricted nonviolent criminals and is more compatible with the humanitarian principles.
Volume 6, Issue 1 (7-2016)
Abstract
In recent years, increased the sensitivity of the competition in the market, because nature of competition has changed since investments in tangible resources to invest in intangible resources. The company's success is their ability to adapt to rapid changes in technology and market conditions. Human capital can be strategic assets and create competitive advantage for companies. In this context, the aim of this study was to investigate the effect of human capital on wealth creation for shareholders. Sample of 146 firms during the period 2009 to 2013 is the Stock Exchange. Fuzzy regression was used to test the research hypothesis. Control variables consider for this study, including firm size, return on assets and financial leverage. Current research suggests there is a significant relationship between human capital and wealth creation for shareholders. Higher human capital is associated with higher- yielding assets. However, there is not a significant relationship between firm size and leverage with human capital.
Volume 7, Issue 4 (1-2004)
Abstract
Mohammad Jafar Habibzadeh
Associate Professor, Department of Law, Tarbiat Modarres University
Seyed Doraid Mousavi Mojab
Ph.D. Student of Criminal Law and Criminology, Tarbiat Modarres University
The necessity to protect to parliament and its members led to determine and assure a particular privilege named parliamentary immunity in the Constitutions or ordinary laws of majority of the countries. This legal institution has been predicted to provide freedom of speech and to maintain the independence of representatives (members of parliament) in order to do their duty favorably. To define and justify the necessity of it, different theories I ike "good service theory" and "the prestige of representatives' legal personality" have been introduced. In this regard, "Doctrine of Necessity" is presented as the most important theoretical basis. The legal supports which observe the parliamentary immunity, can be generally studied in two categories with distinct descriptions and effects. First, it demonstrates the benefits and utilization of immunity by the representatives for their statements, opinions, and the cast of votes in order to do their duty as representative, which idiomatically is called "the principle of non-liability". Second, it supports the members of parliament against legal proceedings, arrest. imprisonment and the rest judicial measures, except by the permission and allowance of the respective parliament, because of irrelevant exercises and non - parliamentary duties and prevents the possibility of immediate prosecution of MPs because of the attributed crimes. This kind of immunity which is practically is the logical consequence of the non-liability principle of representatives before their parliamentary duties, is named "the principle of inviolability". The stand of every country of the world in relation to the various forms of parliamentary immunity is a little bit different. In some countries, one of these two forms and in others. both of them are accepted to guarantee the whole immunity of MPs. Respectively, the first approach is called solo and the second one is called integrative. In Iran, the first approach depended on the non-liability of representatives because of their statements has been accepted in Art: 86 of the Constitution. The accuracy of this acceptance is approvable from the dynamic Fiqh’s point of view and the expediencies and existing necessities require to go along with the rest of countries which accepted the principle of parliamentary immunity.
Volume 8, Issue 3 (10-2004)
Abstract
Mohammad Jafar Habibzadeh
Associate Professor of Law, tarbiat Modarres University
Javad Hosseinzadeh
Assistant Professor, Institution of High Education of Jeehade Daneshgahi
The Guardian Council under the Art. 99 of the Constitutional Law is responsible for the supervision of the parliament elections – takes action to establish permanent supervisory offices in the provinces. The Home Office and some Istambuls, as responsibles for the performance bond, announce that the mentioned offices are illegal. They also forbid collaboration with these offices by issuing of notices and directives. The result of the this struggle is the action of Guardian Council in Administrative Tribunal of Justice which led to the pass of the “sentence number 229” which nollifys the aforesaid notices and directions. In this article, free from for and against political discussions, we try to analyse the parties’ reasons and the sentence 229 by paying attention to the legal doctrines and guidelines. Finally, it has been concluded the order of the Tribunal has many formal and substantial problems. Also, it could not be regarded as a basis for the legality of the mentioned offices.
Volume 9, Issue 4 (Fall 2021)
Abstract
Aims This study has been done to investigate the effects of access road network of Arasbaran forest areas on erosion in order to achieve appropriate criteria for sustainable development in forest areas while protecting forest soil.
Materials & Methods This research was carried out to introduce the SEDMODEL and its capabilities in estimating the production of sediment from road construction Sutanchay watershed in Arasbaran forest, located in the northwest of Iran. From road networks, 10km selected for research. Initially, the maps of geology, slope, rainfall, and drainage density, were prepared in the GIS system. Then, excavation trenches, road surface coverage, and traffic volume were examined in 34 stations through field surveys. The statistical method of Fisher distribution was used to compare the model estimation and observation values.
Findings Statistical analysis of the data showed that there was no significant difference between sediment delivery and Metric method in the erosion assessment resulting from access roads. Standard Error of the metric method and the SEDMODEL was calculated to be 1.34×10-3 and 1.37×10-3, respectively. The results showed that sedimentation caused by road surface was more than 19,000tons, of which 240ton are related to 3km of asphalt road and the rest are related to 7km of dirt road. Total sedimentation of the watershed was estimated to be 46,000ton.
Conclusion The application of sediment delivery model provides a realistic estimate of forest soil erosion caused by the road network. This model can be considered as a planning criterion in the sustainable development of forest areas.
Volume 12, Issue 4 (October & November 2021 2021)
Abstract
Speeches of the presidents at the United Nations General Assembly is of great importance with respect to ideology. The present study aims to compare the ideology in speeches of Iranian presidents in recent years including Mohammad Khatami, Mahmoud Ahmadinejad and Hasan Ruhani. The data of this descriptive research are gathered out of texts of the speeches in 2001, 2005, 2007, 2013, and 2018. Then, the data were analyzed within the framework of Critical Discourse Analysis proposed by Fairclough. This framework includes three stages namely Description, Interpretation and Explanation. At the first stage, the linguistic strategies utilized in the speeches are explored. In Interpretation stage, Situational, Intertextual and Pragmatic contexts are analyzed. In Explanation stage, the first two stages are expanded into the society level. The results of the study show that there are some similarities and discrepancies among the speeches. The similarity lies in the ideology of defending rights of Iran and oppressed nations. Mohammad Khatami attempted to integrate all countries to work in same direction in order to settle the disagreements. Meanwhile, due to Situational contexts and political, financial and regional conditions, Mahmoud Ahmadinejad and Hasan Ruhani made their effort to mobilize nations to stay against oppressing nations.
1. Introduction
Critical discourse analysis is a common field among many disciplines, including linguistics, literature, political science, etc., which examines the linguistic patterns in the text and measures the relationship between language, society, and culture. This field could be applied to analyze texts with a wide range of topics. Fairclough (1995, p. 132) considers critical discourse analysis to be the study of ambiguous relationships between a) speech methods, events, and texts, and b) broad social and cultural structures. The ideological relations in the text are one of the most important issues related to critical discourse analysis. Fairclough's emphasis on the hidden ideology of texts in Language and Power (2001) shows the importance of this issue in discourse studies. The speech of the presidents of the countries in the United Nations is a rich source of ideological information and policies of the countries due to the use of different strategies.
The issue of this research is also how ideology is represented in their speeches. The purpose of this study is to investigate the similarities and differences in the representation of ideology and language strategies used in the speeches of Mohammad Khatami, Mahmoud Ahmadinejad and Hassan Rouhani.
1. What are the similarities and differences between the representation of ideology in the speeches of Mohammad Khatami, Mahmoud Ahmadinejad and Hassan Rouhani?
2. What linguistic strategies have been utilized to represent ideological differences?
2. Literature Review
One of the most important and fundamental works published in the field of critical discourse analysis is the book Language and Power by Fairclough (2001). In this book, he examines the three stages of description, interpretation and explanation. These three stages are also described in Fairclough (2006). Another book published by Fairclough (1995) is Media Discourse, which examines the mass media from various linguistic and social dimensions. Morover, several scientific articles have been published in the field of critical discourse analysis of the speeches of political officials in the world. Alami et al (2017), Carreon and Svetanant (2017), Afkhami et al (2018) and Ziyaie et al (2013) are amongst the most significant ones.
3. Methodology
This research is qualitative and the method of data analysis is descriptive-analytical. The data of the present article are collected from the text of the speeches of the Presidents of Iran in the past years in the UN meetings. Out of a total of 15 speeches delivered at the United Nations, two speeches from each president were randomly selected. Then, the collected data were described and analyzed in order to examine the ideological relations and hidden power and angles in the framework of Fairclough (2006) critical discourse analysis.
Lectures are examined at three levels of description, interpretation, and explanation, according to Fairclough's (ibid) approach. Examining each of these three levels includes vocabulary and grammar. At the descriptive level, the data have been studied in terms of formal and visual characteristics, at the level of interpretation in terms of two levels, high and low, and at the level of discourse explanation according to social conditions.
4. Results
Using data analysis, it was shown that the speeches of the United Nations Mohammad Khatami, Mahmoud Ahmadinejad and Hassan Rouhani have similarities and differences in terms of different aspects of discourse and power relations. This set of data presented in different sections of the research proves the first hypothesis of the present article. The speeches have similarities in terms of trying to defend the rights of Iran and the oppressed countries, and all three presidents have tried to defend the rights of the Iranian people and the oppressed countries, but there are differences between them in terms of representing ideology using different linguistic forms. And this proves the second hypothesis of the research. The final results of the present study show that Mohammad Khatami is trying to integrate and show solidarity with all countries in the world in terms of political behavior, while Mahmoud Ahmadinejad and Hassan Rouhani are trying to mobilize countries against world oppressors such as the United States, Britain and others. It seems that this difference was due to various reasons such as the context of the situation and the political, economic and regional conditions during the presidency of each of the presidents of Iran.
Volume 14, Issue 2 (Summer 2010)
Abstract
Conspiracy against security is deemed as one of the preventive crimes. In order to prevent the commission of some more serious offences against security, it has been criminalized.
In this article, we shall review the relative regulations concerned to this offence with the parallel of religious standards and principals of criminal law.
By taking into consideration the jurisprudicial sources including the Quran regarding “Zerar mosque” and the rule of “prohibition of assistance to religiously”, it is understood that the criminalization of conspiracy is quite acceptable but it can not be counted as one of the instances of “Moharabe”. Iranian criminal policy about conspiracy against security is not quite clear from different points of views. For instance, the amount of the provided punishment for conspiracy against security is more than the punishment for the commission of the original against security of state.
This encourages the conspirators to commit the crime itself to enjoy a mitigated and lighter punishment. The absence of any mention of objective instance or material action in the act regarding the realization and establishment of the misdemean of conspiracy against security, would have the way for enter miss reading and understanding of this. Therefore, the reviewing of the respected legalization in Iran of the regulations of Article 610 of the criminal code for the purpose of it's compliance with the parallel of religious and international standards seem something inevitable.
Volume 14, Issue 4 (Winter 2011)
Abstract
One of the principles, without which proper administration of justice would be impossible, is judicial independence, which means freedom of judges from interference in judicial affairs and undue influence by the powerful and by the parties involved in a dispute. This is a principle that has deep roots in Islamic law (the holy Shariah) and is applied by international instruments and different legal systems throughout the world as well.
The Iranian legislator, both before and after the Islamic Revolution, has enacted laws in line with this principle. Although the quality of drafting and wording of laws, dealing with judicial independence, lacks the desired comprehensiveness and exclusivity, the performance of the authorities and officials involved in such matters has emasculated even these very imperfect laws and covered judicial independence in the Iranian judicial system in a shroud of ambiguity.
In this paper, we shall first delineate the concept of judicial independence, its foundations, reasons and objectives. Then, we shall analyze the issue and show its position in the Iranian legal system.
Volume 15, Issue 1 (Spring 2011)
Abstract
Today, the great changes of the global banking and monetary system, made by the revolution in the information technology and communications, have had deep effect on the lives of individuals. Correspondingly, this technology has confronted the current anti-money laundering domain with a new challenge in a way that access to the electronic banking and internet networks has provided money launderers with a safe environment.
In this article, in addition to describing the electronic commerce and banking and their features as a suitable approach to money laundering, and methods of creating confidence in e-commerece, modern techniques of money laundering will be considered. The classical process of money laundering will be compared with the modern one. It was concluded that information technology and communications, if used in unsafe conditions, have caused the money laundering to be more expanded and have facilitated the methods of committing this crime. Therefore, it is necessary that this issue is taken into consideration while making economic, financial and criminal policies of societies. Concerning this issue, the tips of the Financial Action Task Force (FATF) have been suggested as the best strategies for fighting against money laundering.
Volume 16, Issue 4 (Winter 2012)
Abstract
Today, most of criminal justice systems, with the help of the legal concept of “Diminished Responsibility”, try to explain the behavior of a group of criminals with an abnormality of mind. While, we can say that diminished responsibility has not any place in Iranian judicial discourse, and criminal responsibility has been proposed in the two states of complete responsibility or not responsibility .Instead, English law, with recognition of the said defense, has taken an important step for protecting these people. Accordingly, in this paper, with descriptive-analytical approach, concepts, principles, and manifestations of diminished responsible have been studied, and using comparative approach, ignoring of diminished responsibility in Iranian criminal justice system has been evaluated. According to the results of the present study, the function of Iranian government in judicial and legislative discourse is not positive, due to neglecting the comparative law findings and researches.
Corresponding Author's E-mail: habibzam@modares.ac.ir *
Mohammad Jhafar Habibzadeh,
Volume 19, Issue 2 (4-2012)
Abstract
Disproportionate punishments are those punishments passed or enforced without considering the criteria of proportionality, namely the criteria of harm done, the absolute or relative seriousness of crimes, the kind of committed crime and offender characteristics, the degree and kind of victim’s culpability. Considering the penological aims, such as retribution, deterrence and securing social defense, as a part of proportionality test, in the process of determining, distinguishing and enforcing proportionate punishments, is contrary to the rationale and philosophy of proportionality principle. In fact, this approach eviscerates this principle and leaves only an empty shell. The main cause of the prohibition of disproportionate punishments in the international, regional, national human rights' documents is the proscription of using human beings as a means to an end (instrumentalism), aiming at the heart of human dignity. In the Iranian legal system, there are no clear rules and regulations about the prohibition of these kinds of punishments and the determined punishments in many penal codes, such as the Islamic penal code (1991, 1996), the Penal Code of Armed Forces Crimes (2003), the Act against Narcotics (1997) and the Punishment aggravating Act of Bribery, Embezzlement and Fraud (1988) are not compatible with the standards of proportionality, especially with the absolute and relative seriousness of offences, offender characteristics and victim’s culpability. This article tries to explore the principal criteria of proportionality between crime and punishment, the concept of disproportionate punishments and the philosophical foundations of the prohibition of such punishments and their contradiction with human dignity.
Volume 20, Issue 3 (Fall 2016)
Abstract
Public protection has become a key theme of much recent criminal justice legislation and policy aiming at the effective management of high-risk offenders. Harm reduction is a health-centered approach that seeks to reduce the health and social harms associated with drug use, without necessarily requiring the users to abstain. It is a non-judgmental response that meets users “where they are” with regard to their substance use rather than imposing a moralistic judgment on their behaviors. As such, the approach includes a broad continuum of responses, from those who promote safer substance use, to those who promote abstinence.
This article, by employing descriptive-analytical method, describes the implementation of harm reduction policy according to successful policies of Portugal and Canada. Then compares harm reduction policy between Iran and those two governments. This paper proposes that the "bill of decriminalizing from drug law and treatment of drug abuse," and its amended should be put on the agenda. Firstly, policy-makers should decriminalize the use of some low-risk drugs because relevant authorities can implement harm reduction policy with freedom of action and secondly, the behavior of all drug users should be diverted to access to drug user. Thirdly, since the age of drug users descends, thus policy-makers should be consider youth in harm reduction programs.
Volume 22, Issue 3 (Fall 2018)
Abstract
The obviation rule is the most applied rule in penal jurisprudential rules and plays a significant role in the scope of specified punishments (Hudud) and other punishments. The rule significance -which coincides to global criterion of human rights, the principle of human dignity, and guarantees the fair trial- explains that whenever the committing crime, the attribution of crime to the defendant or existence of other circumstances in proving the charge lies in doubt, the judge must interpret the laws in favor of the defendants.
In this article, moreover explaining the legal foundations and jurisprudential predicates of the rule, the definitions and the criterion of doubt is also studied to draw a framework for the rule. The legislator in Islamic Penal Act 2013 has stated the rule’s significance in s. 120 & 121 that contains the doubt in committing the crime and its’ circumstances, doubt in crime’s elements and the conditions of criminal responsibility.
Some jurists, specially the Hanafi jurists, have extensively applied the rule and others, such as Zaheri and Imami jurists, for example Ibn-e-Hazm Andolosi and Ayatollah Khoyee, have shown indecisions which are signify non acceptance. It must be studied that the rule significance has other thing than innocence presumption or not, or essentially we must suffice to it up to rational principles such as innocence principle. The undue limitation in obviation rule’s scope which arises from inherent human dignity of the defendants will have negative impacts undoubtedly, because the scope of the rule, moreover the procedural and substantive laws, establishes the right of evasion of punishment and the right of non-applying the specified punishment again for persons.