چکیده:
Considering the article 220 and its reference to constitutional law that have been enacted for solving the existing shortcoming in legal system comforts with scientific and practical impediments since in one hand, manner of reference to valid introduced authorities is ambiguous, on the other hand there is no possibility to use some of these authorities for jurists. In addition, many of jurists have not sufficient knowledge to emerged issues. For this reason, if a decree will be found for these issues,many disagreements are established among religious specialists. So, the disagreements damage trust foundation of legal system in the society. The article examines Hududconsidering valid Islamicauthorities in view of Islamic penal code with emphasize on legal scholars‟ opinions and article 220
خلاصه ماشینی:
Examining Hudud considering valid Islamic authorities in view of Islamic penal code with emphasis on challenges of Article 220 ABSTRACT Considering the article 220 and its reference to constitutional law that have been enacted for solving the existing shortcoming in legal system comforts with scientific and practical impediments since in one hand, manner of reference to valid introduced authorities is ambiguous, on the other hand there is no possibility to use some of these authorities for jurists.
Khoeiniand Zolfaqari (2011) in their study titled as quot;legislative gaps and Fatwa execution in Iranian judicial system with consideration of article 167 of the constitutional law expressed that there are some problems and scientific and practical barriers for executing the article 167 since refer to legal authorities and valid Fatwa is ambiguous in one hand, and in other hand possibility to use some of the authorities do not provided for the jurists.
In state (b) legislator have obligated to refer the following authorities: 1- Islamic authentic authorities 2- Valid Fatwa 3- Legal principles (article 3 of civil procedure code) - Practical problems and barriers in enforcement of article 167 of constitution law It seems that there are different interpretations in the article that have been injected into criminal procedure for public and revolutionary courts.
G) Iran constitutional law says under the principle of 167 that if the judge does not find the judgment of the action he renders the order according to the valid Islamic authorities or valid judicial decree on a point of religious jurisprudence.