عنوان مقاله [English]
The rule of Dar’ applies to criminalization, sentencing, reasons for proving litigation and all matters related to the criminal phenomenon and criminal responsibility, and is one of the main foundations of Islamic criminal law.
Any doubt in finding the meaning of the legislator will cause fundamental changes in the legal, material and spiritual elements of the crime and may cause behavioral prescribing. It is also based on the type of sentencing and the amount of punishment, and may cause the cancellation of punishment or change.
Criminal liability is also re-read under the influence of this rule and in some cases leads to irresponsibility. The rule of Dar’ (درأ) is effective in most formal and substantive matters of criminal law. This rule relates to criminal justice, the narrow interpretation of criminal law in favor of the accused, the principle of legality of the crime and its consequences, and other principles of criminal law. This rule includes all the punishments of hudud, ta'zir and qisas . This rule applies even to the rules related to diyat and is not limited to limits. In this article, first the reflection of the rule of law in the legal element of crime and then in the material and spiritual elements is discussed.