M.A. Thesis:

Jurisprudential and Jurisprudential Review of the Limit of Corruption

The idea of the capability of punishment to deal with ta'zir crimes is originally guaranteed by the guarantee of the ideal of protection of human capital and social values. Certainly, overuse can be acceptable in response to some crimes, such as drugs, but there are many other crimes that have been accompanied by severe punishments such as execution, but we can definitely talk about their abandonment, liquidity and failure. Some punishments are not a pearl in the shell of criminal justice, and punishments alone will never be able to remove the thorns of Golestan, norm-setting and legalism. Iran's legal system, like some other countries, provides for severe penalties for certain crimes, such as corruption on earth and drugs. While the nature of these crimes is ta'zir. On the other hand, many countries either abolish these punishments altogether or ensure the order and security of society by imposing ta'zir punishments. Given that deterrence is one of the most important goals of chambers, it has forced lawyers and legislators to take steps towards deterrence through the severity and certainty of punishments. Regarding the severity and certainty of punishments, there are differences between thinkers that should be either severe or certainty in punishments, both of which have created differences. Now, with these interpretations, the Islamic Penal Code adopted in 2013 has considered ta'zir crimes, such as drug crimes, which should be punishable by ta'zir, instead of the hadd. Therefore, in some ta'z .r crimes, a limited punishment can not have a place and on the other hand, it does not have a high deterrent. Acceptance of such punishment in the laws of the country is highly commendable because ta'zir with other sharia punishments such as retribution and hudud and diyat in ta'zir crimes can be a good idea in punishing ta'zir criminals by using the principles of jurisprudence and getting help from them. It seems that the best way to solve this problem is to eliminate or replace or convert some punishments to ta'zir punishments. The method of collecting research is descriptive and analytical, which has been used in books, articles and reputable sites in this field.

Keywords: Keywords: Ta'ziri Punishment, Model, Principles, Crimes against Security, Corruption on Earth, Ta'zi