The Qur'an's view on taqiyyah and limiting corporal punishment by looking at narrations and hadiths

Subject Areas : Quarterly Sabzevaran Fadak

Fazlullah ranjbar ¹ , kazem Ghazizadeh ² , Mohammad Kazem Rahman Setayesh ³

1 - PhD Student in Jurisprudence and Fundamentals of Islamic Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran
2 - Assistant Professor, Department of Quranic and Hadith Sciences, Faculty of Humanities, Tarbiat Modares University, Tehran, Iran
3 - Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran

Received: 2021-08-02 Accepted : 2021-09-01 Published : 2023-05-22

Keywords: Secondary sentence, limits, preservation of religion, repulsion of harm, Human Rights,

Abstract :

The use of corporal punishment, such as stoning, flogging, amputation and execution, is considered contrary to the human rights obligations of the Islamic Republic of Iran and has provoked domestic and international reactions.One of the controversial issues in scientific circles, which has also become a place of inquiry from the great authorities of imitation, is whether, despite the provision of corporal punishment, it is legally possible that according to the jurisprudential rule of "taqiyyah" at certain times Granted corporal punishment?The result of this research, which has been written in a descriptive-analytical method, indicates that according to the explicit and implicit meaning of Quranic verses and authentic narrations, taqiyyah is a jurisprudential rule. According to this rule, corporal punishment can be temporarily modified, changed or abolished if the integrity of the Islamic system and government is endangered. The purpose of taqiyyah is not always to save lives, to avoid danger and harm, but it can be considered the more important purpose of preserving religion and preventing its decline.