A new approach to the powers of the Supreme Leader in changing the manner of issuance and application of fines Against children and adolescents

Document Type : Original Article

Authors

1 PhD Student in Theology, Faculty of Jurisprudence and Fundamentals of Law, Islamic Azad University, Zahedan Branch, Zahedan, Iran

2 Professor of the Faculty of Theology and Islamic Studies, Islamic Azad University, Sistan and Baluchestan Branch, Zahedan, Iran

3 Assistant Professor, Faculty of Theology and Islamic Studies, Islamic Azad University, Sistan and Baluchestan Branch, Zahedan, Iran

Abstract

abstract:
In the Islamic government, the right of guardianship and sovereignty over human beings, according to the definite rule of reason and narration, is only for Khazavand, and we find from verses and hadiths that God gives this right to the Prophet (PBUH) and the infallible Imams (AS) and through this to The Supreme Leader has delegated it, so the authority of the Infallible Imams (AS) has been delegated to the Supreme Leader as the Islamic ruler and he is in charge of the implementation of Islamic rules.
Hudud is one of the most complete criminal laws of Islam in order to achieve social justice, and the Supreme Leader is in charge of enforcing its rulings in the cases of the rights of God and the rights of the people and other government violations.
Despite extensive legal amendments to the Islamic Penal Code and the Code of Criminal Procedure adopted in 1392 regarding children and juveniles, there are still objections in the field of limits, the type of punishment applicable and the prosecution of their crimes.
In this article, with an analytical-descriptive approach, we answer the question whether the Supreme Leader has the authority to change the severe punishment against children and adolescents in the Islamic government?

Keywords

Political Sociology of Iran
Volume 1, Issue 4 - Serial Number 4
February 2018
Pages 274-288

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