The legal - judicial challenges of the crime of corruption on the earth (Ifsad fi al-Arz) in the Islamic Penal Code 1392

Abstract

With the approval of the I.P.C 1392 and pursuant to Article 286, the crime of corruption on earth, with general documentation, was added to the collection of criminal categories. ]n practice, the theoretical discussions regarding separating or not separating it from Muharibah ended. Although there are numerous serious legal criticismsregarding the foundations of new approach, this action compared to previous instances is considered a considerable effort to observe the principle of legality. Theadmission of corruption on earths an independent crime deserving punishment, requires that the legal document, regardless of the legal issues and opposing views, be criticized legally andits unknownaspects should be discovered. The unbridled development of the ways of the realization of the material element;neglectingthe different quality of the realization of this crime in the Penal Code with its instances in other special criminallaws;the lack of tangible and measurable criteria to differentiate between multiple the defendant who commitsmultiple crimesand benefits from the law of the multiplicity of crimesand its merged effects and the defendant who is, in a similar situation, suspected to commit corruption; finally, the use of interpretable terms and phrases such as "widely" and "largely" are only part of the legaljudicial challenges and ambiguities ofthis legal document

Keywords

• hudud
• corruption on the earth
• the elements of the crime
• the multiplicity of the crimeof corruption on earth