A critical study on Exile Punishment in Islamic Jurisprudence and Iranian law

There are some various understanding of exile such as distancing, jailing, submerging in water and putting to death, among the Jurisprudents. Regarding the Iranian Law, the local controllable exile is constrained by some special limits. Since the Saint Legislator has not exactly asserted the features of, its particular conditions depend on customs and judge decision. So the article 5 of the securing and training Act regarding to the place of exile and its particular conditions has not been nullified and may be acted by judge. If some guilty has been condemned to several punishments, the exile can only be enforced when other punishments have been executed. The exile punishment can only be substituted with other ones such as jail or cash fine by judge when guilty has not submitted to exiling. In Law, the amount of these punishments has not been determined by law- makers, which can be reversing the constitutional principle of lawfulness of all punishments; but it can be justified as a preparation for making punishments appropriate to guilty.The present paper deals mainly with the nature and features of exilingand how and under what conditions can it be substituted with alternativepunishments.