A New Investigation into the Jurisprudential Basis of the Criminalization of Corruption on Earth and Its Punishment in Iranian Laws with an Approach to International Law

Hatampouri, Nafiseh; Kazemi Golvardi, Mohammadreza; Razmi, Mohsen; Mirzajani, Hamidreza

doi:10.22034/iclj.2025.226652

A New Investigation into the Jurisprudential Basis of the Criminalization of Corruption on Earth and Its Punishment in Iranian Laws with an Approach to International Law

Document Type : Original Article

Authors

Nafiseh Hatampouri ¹

Mohammadreza Kazemi Golvardi ¹

Mohsen Razmi ²

Hamidreza Mirzajani ³

¹ Department of Jurisprudence and Fundamentals of Islamic Law, Ma.C., Islamic Azad University, mashhad, Iran.

² Department of Jurisprudence and Fundamentals of Islamic Law, Ma.C., Islamic Azad University, mashhsad, Iran.

³ Department of Law, Ma.C., Islamic Azad University, Mashhad, Iran.

10.22034/iclj.2025.226652

Abstract

One of the most significant crimes against security, frequently mentioned in Quranic verses, hadiths, and authoritative jurisprudential texts, is corruption on Earth. This article critically analyzes the jurisprudential and legal foundations of this crime. The research indicates that while verse 32 of Surah Al-Ma'idah prescribes the death penalty for corruption on Earth, based on the interpretations of jurists (Islamic jurists) and the lack of an independent jurisprudential structure for it, this offense should be considered a Ta'zir (discretionary punishment) crime. Consequently, the death penalty for this offense, except in explicitly stated cases in hadiths, contradicts jurisprudential principles such as caution in applying capital punishment and the principle of innocence until proven guilty. Therefore, the current legislation, which treats corruption on Earth as an independent Hudud (fixed punishment) crime warranting the death penalty for all instances, requires revision. This re-evaluation, drawing inspiration from international approaches to combating organized crime, can lead to more precise definitions of its manifestations, the establishment of proportionate and graduated penalties, and the creation of transparent criteria for judges. Such reforms would not only enhance transparency and justice within the domestic judicial system but also align the laws with the principles of Shia jurisprudence and international human rights standards.

Keywords

Crime

Corruption on Earth

Execution

Hadd

Ta’zir