Critical Analysis of the Jurisprudential Foundations of Article 45 of the Anti-Narcotics Law with an Emphasis on Comparative Jurisprudence

Iranian legislator has provided the death penalty for four groups of criminals by enacting Article 45 of the Addendum to the Anti-Narcotics Law. Since the approval of this law, scholars and jurists have criticized this way of criminalizing and determining the heavy death penalty, but less attention has been paid to the analyzes and criticisms from the viewpoint of jurisprudence of Islamic schools of thought. Therefore, it is necessary to investigate, analyze and criticize the jurisprudential foundations of Article 45 of the Addendum to the Anti-Narcotics Law with an emphasis on comparative jurisprudence. Based on this, the findings of the current research are that the jurisprudential evidences and foundations do not support the exclusive determination of the death penalty stipulated in Article 45, but the examination and analysis of the jurisprudential foundations and evidences yield other results. The method of this research is descriptive-analytical using library resources.