نقد رويه شهرت گرايانه در سياست جنايي تقنيني ايران بحث قصاص و ديه نفس

An Analysis of the Well-known Opinion Approach in the Iranian Criminal Legislation Policy

Among different viewpoints in Islamic Jurisprudence, the Iranian Legislature usually has a tendency to adopt the well-known opinion approach where it deals with revenge (Ghesas) and blood money (Dieh), in the 1991 Islamic Penal Code. Making an analysis of the issue, this paper is of the view that in approaching the various legal stands, the law maker must go beyond the matter whether an opinion is well-known among the Islamic jurists or not. The criminal law maker must take into consideration the two following points: First, which of the approaches best satisfies the expediencies of the society and second, which of the views is in harmony with other parts of the legal system.