M.A. Thesis:

Position and scope of the law and its application in the Islamic Penal Code

Abstract: The rule of interpretation of doubt in favor of the accused is a clear indication of the rules of jurisprudence. This principle is based on jurisprudence and criminal law, and even in the issuance of a ruling in the judicial authorities. Regarding to this rule, if a judge is to be questioned about the attribution of a crime to a defendant due to a pseudo-occurrence, whether in doubt or in doubt, the judge is required to prevent the punishment. Any factor causing a doubt to the judge in such a way as the "Dar’e" is, according to the principle "Dar’e", the principle of the attribution of the offense to the offender is suspected, the punishment of the accused will be null. There are many issues surrounding this rule in terms of implications and content, and even documents, from Jurisprudents and lawyers. The usual view is that the rule includes all doubts, such as reluctance, urgency, coercion, arbitrariness, and subjectivity. In this research, the jurisprudential aspects of this principle are referred to the basic structure, in the concept of interrupting and confident of the possession license. Then, it examines its application in the Islamic Penal legislation. Regarding the possibility of its implementation, there have been numerous discussions: in the general elements of crime, the causes of crime and its impact on the conditions for realization. The result is that Dar’e principle, if properly used in the judiciary, will save the lives of thousands of innocent defendants. The jurisprudential principle is a very general decree which is the source of the inference of the lesser provisions. The jurisprudential principle does not devote to a particular case, but it is based on various and different rulings. The jurisprudential rule is widely used in the Islamic Penal legislation.

Keywords: Dar’e principle, Punishment, Doubt, Islamic Penal legislation