Dimensions of Tendency toward the Public Order about the Provisions of Retaliation in the Penal Code (2014)

Abstract

According to the close relations between criminal issues and publicsecurity and order in one hand and different opinions in Islamic Law in themost of criminal matters on the other hand, adopting the proper approach bythe legislator has been greatly taken into consideration. Wise choice ofFatwa (religious doctrines) which provide public security in the provisionsof retaliation in the new penal code by the legislator is clearly visible andobvious. This essay tried to express some appearances of legislator’sapproach such as: criminalization of killing a person who is supposed to bekilled according to the law (deserving death), criminal protection of victimsof murder, acceptance of blood money by avenger of the blood without themurderer’s consent, developing the guarantees of debts to treasury forprevention of its misuse by criminals, criminalization of killing the murdererby avenger of the blood without the court permission, and the consideringthe killing by mistake in victim’s personality as murder. These aspects mayshow increase of importance of public security by the legislator. It alsoincreases the hope among the law scholars that preference of Islamic lawopinions providing the public security by legislator is accepted as a generalmethod which can be taken into account during the enactment of othercriminal provisions.

Keywords

• keywords: public security
• criminalization
• new criminal code
• retaliation
• victim