Examining Hudud considering valid Islamic authorities in view of Islamic penal code with emphasis on challenges of Article 220

Considering the article 220 and its reference to constitutional law that have been enacted for solvingthe existing shortcoming in legal system comforts with scientific and practical impediments since inone hand, manner of reference to valid introduced authorities is ambiguous, on the other hand there isno possibility to use some of these authorities for jurists. In addition, many of jurists have notsufficient knowledge to emerged issues. For this reason, if a decree will be found for these issues,many disagreements are established among religious specialists. So, the disagreements damage trustfoundation of legal system in the society. The article examines Hududconsidering valid Islamicauthorities in view of Islamic penal code with emphasize on legal scholars‟ opinions and article 220.

Keywords:

Hudud (punishment) , legal , authorities , Fatwa (decree) , principle of legality , Islamic , penal code