نوع مقاله : مقاله پژوهشی
1 استادیار گروه فقه و حقوق شافعی دانشکده علوم انسانی و اجتماعی دانشگاه کردستان، سنندج، ایران.
2 استادیار گروه فقه و حقوق شافعی دانشکده علوم انسانی و اجتماعی دانشگاه کردستان، سنندج، ایران
عنوان مقاله [English]
One of the crime that has long existed in human societies is smuggling and it has found a new concept and approach with the advent of political boundaries. Smuggling has not been investigated as a crime in jurisprudential texts. Of course, it can be criminalized by referring to the principles of jurisprudence and its consequences.
This principle «کل معصیة لیس فیها حد مقدر، ففیها التعزیز»Every mite has no estimated limit, so it has discretionary punishments) shows that sins and offenses that are not punishable by religious law are discretionary punishments (ta;zir). If the determination of the type of punishment and its effects has been assigned to the ruler under certain conditions, it is called discretionary punishments (ta;zir). In the law;s of the Islamic Republic of Iran smuggling of goods and the currency is known as a crime and has been punished by such sanctions as: whipping, imprisonment, staying away, and payment of money for intended to deal with criminals. This paper uses the description-analysis method to illustrate the relationship between the jurisprudential principle cited above and the crime of smuggling goods and currency.