Analysis of the Lack of Death Penalty in Article 19 of the Islamic Penal Code 2012

The legislator of the Islamic Penal Code approved in 2012, in Article 19 and in the position of explaining the 8 graded Ta'zir, did not make any reference to capital punishment and ruled that the ta'zir is less than the limit based on only one jurisprudential understanding. The coercive result of this is the lack of execution in the mentioned article. Therefore, in order to execute the perpetrators of this category of crimes, they resort to Hadd Corruption, and this has caused conflicts with the principle of legality of punishments, the principle of proportionality of crime and punishment, the principle of the necessity of preventing the extensive interpretation of Hadd & Ta'zir punishments. The current research, which is organized by descriptive-analytical method, does not necessarily consider Ta'zir as less than the Hadd. According to these analyzes and with the strengthening of Ta'zir institution, Article 19 needs to be revised. A situation that is compatible with the principles of applying punishments, the needs of today's society, and the expansion of sovereignty, and causes the non-mixing of meaning and examples of Hadd & Ta'zir.