A Comparative Analysis of Multiplicity and Recidivism in Imami Jurisprudence and Iranian Criminal Law
Subject Areas : Islamic jurisprudence and lawAbolfazl Asheri 1 , Nima Norouzi 2
1 - 1. Lecture in Advanced Jurisprudence and Principles, Qom Seminary, Qom, Iran
2 - Department of Jurisprudence and Private Law, Faculty of Sciences and Knowledge, Al-Mustafa International University, Qom Seminary, Qom, Iran
Keywords: Multiplicity of crimes, Recidivism, Imami jurisprudence, Iranian criminal law, Aggravated punishment, Criminal policy,
Abstract :
Multiplicity and recidivism are among the most significant institutions in criminal law, playing a decisive role in aggravating punishments and shaping criminal policy. This study, through an analytical and comparative approach, examines these two concepts in Imami jurisprudence and Iranian criminal law. In Imami jurisprudence, multiplicity of crimes is generally governed by the rule of “cumulative punishments,” while recidivism—particularly in hudud crimes—is associated with progressive aggravation, ultimately leading to capital punishment at the fourth stage. The foundations of these rules are rooted in Qur’anic verses, such as “No bearer of burdens shall bear the burden of another” (Qur’an 6:164), and numerous traditions from the Imams. In Iranian criminal law, the Islamic Penal Code of 2013 (1392 SH) has established clear provisions: Articles 131 and 134 regulate multiplicity, while Articles 136 and 137 address recidivism. Nonetheless, certain differences exist between the two systems, such as the statutory cap for aggravation in multiplicity cases and the restriction of recidivism to first- to sixth-degree ta’zir crimes. Findings reveal that Imami jurisprudence offers greater theoretical consistency, whereas Iranian law—through combining fiqh-based rules with modern criminal policy—provides more flexibility and social adaptability. It is concluded that further legislative reform is needed to clarify the boundaries of multiplicity and recidivism while enhancing both justice and efficiency.
