Feasibility study of compassion and tolerance in sharia punishments

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Hossein Fathabadi ¹ (faculty member of the Department of law Mashhad Branch,Islamic Azad University ,Mashhad,Iran)

Received: 2021-01-07 Accepted : 2021-02-27 Published : 2021-02-19

Keywords: Tolerance, Determination, Leniency, deferment,

Abstract :

In approving the Islamic Penal Code in 2013, our country, based on rich religious sources and Islamic standards, the Qur'an, Sunnah and reason with the approach of "criminal tolerance" approves benevolent and opportunistic institutions such as suspending punishment and new institutions such as impunity, postponement of sentence, alternative Imprisonment in Articles 39, 40 to 57 in the section on light punishments, grades 6, 7 and 8, and according to Articles 87 and 94, all punishments committed by juveniles are adapted and prosecuted institutions, and alternative prosecution and the usefulness of the prosecution system, such as: Suspension and postponement of the prosecution The filing of the case, the cessation of prosecution and mediation in Articles 79 80, 81, 501, 502 and 551 to 558 of the Criminal Procedure Code approved in 1392, amended 1394 provided. It is closely related to many concepts of progressive criminal policy, such as: human dignity, individualization of criminal justice, impunity, etc. In this article, with a descriptive-analytical method, it can be inferred that the examples and scope of tolerance in lenient institutions and facilities and its application in some Sharia punishments and the scope of approaches based on tolerant facilities and facilities such as suspension of prosecution, postponement of prosecution, Mediation, filing a case, etc. in crimes subject to hadd, retaliation punishment, diyat, and especially ta'zir punishments can be enforced by observing the principles and norms of Sharia. Although in theory it requires basic research and study, objectively and practically the need for field research can be cited. It is hoped that jurists especially in universities and headquarters of the judiciary, make this important as a research priority and to implement whatever More and better, the current regulations should be adequately monitored in order to reduce the criminal population and related crime statistics and to ...