A Jurisprudential Analysis of the Theory of Obligatory Precaution According to Ayatollah Bahjat and Its Application in the Iranian Islamic Penal Code

Abstract

This article examines and analyzes the theory of obligatory precaution from the perspective of Ayatollah Mohammad-Taqi Bahjat and its application in the Iranian Islamic Penal Code. Initially, the concept of obligatory precaution is discussed from a jurisprudential and principled standpoint, and its differences from recommended precaution are clarified. Subsequently, Ayatollah Bahjat’s views on this theory and his fatwas are examined and compared with the opinions of other religious authorities. The article then analyzes the legal articles related to the theory of obligatory precaution in the Islamic Penal Code and evaluates its application in Iran's criminal law. Furthermore, the challenges and potential problems in aligning this theory with statutory laws are critically reviewed, and suggestions for improving this alignment are provided. The results of this study indicate that the theory of obligatory precaution plays a significant role in maintaining justice and preventing the issuance of unjust verdicts but requires improvement in its interpretation and implementation within Iran’s legal system.