Document Type : Original Article
Authors
1
PhD student in jurisprudence and basics of Islamic law
2
Assistant Professor and Faculty Member of Azad University, Central Tehran Branch
Abstract
The exclusive jurisdiction of the judicial system, as one of the fundamental principles in the legal and jurisprudential system, guarantees the administration of justice and the maintenance of public order. In addition, the principle of the judicial nature of punishments emphasizes the necessity of penal science and the systematic nature of criminal proceedings, and by accepting the supremacy of the judicial authority, prohibits any arbitrary action. The purpose of this article is to examine the doctrine and jurisprudential and legal bases of the proponents of the principle of the exclusive jurisdiction of the judicial system, which, by stating their reasons and documents, proves that the handling of punishments is only within the jurisdiction of the judicial system. The present research was conducted using a documentary method through the study of authentic legal jurisprudential books, and the information obtained was processed using a descriptive-analytical method.The findings of this research indicate that the notion that the addresses of the Holy Qur'an and the narrations about the punishment of crimes such as theft, war, fornication, fornication, sedition, etc. are general and address the persons responsible for the execution of the punishments, is incorrect because the mentioned verses and narrations are not in the position of stating by whom the punishments will be carried out, but in the position of stating the amount of punishments for the said crimes. For a long time, many commentators and jurists have stated that the audience of such verses and narrations are rulers.
It should be stated that by assuming a kind of right to assign the province, only the competent judicial authority will have the right to investigate, proceed, determine and, accordingly, execute the punishment. Also, by assuming the superiority of the judicial authority in the investigation, proceeding, determination and execution of the punishment,
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