A Commentary to the Article (167) of the Constitution (of the Islamic Republic of Iran) from the Perspective of the Islamic Criminal Law

Following the adoption of Article (167) of the Constitution of the Islamic Republic of Iran, various views have been raised to legitimize crimes and punishments as well as their position in the legal system which have been always facing different jurisprudential-legal challenges especially, in the criminal area. Thus, The Guardian Council has put forward its own single theory. According to the Islamic Penal Code (of the Islamic Republic of Iran-2013), the criminal status- quo has been changed in bid to settle disputes. Regardless of these discussions, the main questions are come up with that how can the mentioned Article be enacted? What is an appropriate criterion to implement Article (167)? The research investigates the Guardian Council’s opinions as well as the survey of new criminal provisions on Article (167) and how its relationship to the criminal law in the light of the understanding of legislatures through library-based method in order to provide a practical approach on the implementation of this Article by judiciaries. This Article argues that the criminal law on the explanation of Article (167) of the Iranian Constitution concerning Article (220) of the Islamic Penal Code is not similar with penances and discretionary punishments. Also, despite ordinary laws which generally should play a major role in transparency, explanation and efficiency of the constitutional principles, they are so brief and general that their results cannot be efficient and fruitful including Article (167).