Change in the legislative approach to prostitution and adultery in 2013 Islamic penal code

Abstract EN

In order to provide an in-depth analysis of the issue of punishment, which is the main subject of the present discussion, in the Islamic Penal Code approved in 2013, and comparing and contrasting it with the Islamic Penal Code approved in 1991, it is necessary to follow the chain of implemented changes and varieties in legislative approaches.

It is hoped that such a scrutiny would yield the scope and intensity of the flexibility of judgments issued by the jurists on various crimes.

Therefore, with careful consideration in the content of these changes, it turns out that they are divided into two major categories.

First, changes implemented in verdicts upon which jurists have consensus; i.e.

the jurisprudents have issued sentences for the punishment of a crime that does not conflict with the nature of the punishment.

Second, changes implemented in cases in which jurists couldn't come to agreement; the present study focuses on former cases.

Regardless of the criteria and factors which have initiated such changes, the fundamental principle of accepting the change paves the ground for struggling further questions on the nature and process of the implementation of changes.

Therefore, the present study was conducted to investigate the changes in the legislative approach to prostitution and adultery.