The jurisprudential and legal survey of ta'zir (rebuke), as specified and authorized by religious laws Dr. Hosseini Seyed Hassan*, Khoshvaght Ghavam** *Faculty Member, Department of Law, Ramhormoz Branch, Islamic Azad University, Ramhormoz, Iran **PhD candidates, Department of Law, Ramhormoz Branch, Islamic Azad University, Ramhormoz, Iran Online published on 19 November, 2016. Abstract The term religiously specified and authorized Ta'zir (rebuke) seems to bear ambiguities from the perspective of the jurisprudential and legal statutory regulations in the amendment adhered to the article 15 and article 135 of the Islamic punishment code enacted in 2013 which is considered as somehow innovative measures taken in terms of the modern codes of law and such is the case there is a need for resorting to interpretations in order for the concepts and the examples to be identified and recognized. There are two interpretations regarding the subject put forth in here both of which are deemed as feasible and possible. The first interpretation holds that the entire rebukes and Ta'zirat (plural of Ta'zir meaning rebuke and punishment) which have been pointed out in the antecedent religious laws or somehow at the early outset of the Islam era or in the jurisprudential books are defined as the specified and authorized Ta'zirat (canonical punishment) and the other canonical punishments which have not been pointed out and made reference to in the early beginning of the Islam era or the jurisprudential books are defined as the unspecified and religiously unauthorized canonical punishments. In the second interpretation, the specified and authorized canonical punishments are limited to definite and distinct cases to which there has been made references in some of the jurisprudential books and they are dealt with under the umbrella of Hudud (limits). In the present study, firstly we evaluated and analyzed the theories proposed regarding both of the interpretations mentioned above and finally we selected the second theory and the instances and examples of this second theory of interpretations have been provided in the sections to come. Top Keywords Hodud (limits), Ta'zirat (rebuke), specified and authorized canonical punishment of Ta'zir, unspecified and unauthorized canonical punishment of Ta'zirat. Top |