Analyzing the criminal jurisprudence term kifarzghath from the perspective of Quranic teachings
Subject Areas : Quarterly Sabzevaran Fadak
Hamidreza Dejan
1
,
rahman majazie
2
,
Esmail Eslami
3
1 - PhD Student in Criminal Law and Criminology, Rafsanjan Branch, Islamic Azad University, Rafsanjan, Iran
2 - Doctoral student of Private Law Department, Qeshm Branch, Islamic Azad University, Qeshm, Iran
3 - Faculty member and assistant professor of law department
Keywords: Daghath, Qur', an, penal jurisprudence, whipping,
Abstract :
Punishment for wrongdoing is one of the issues that has received special attention in Islamic law and criminal jurisprudence. This issue is of great importance in Islam and is formed based on Quranic and jurisprudential teachings. In this research, the jurisprudential term of kifarzghath is examined and evaluated in order to improve the legal system based on narrative evidence and new determining principles and regulations of this criminal case. These principles are used as the main bases in the regulation of criminal laws regarding the punishment of violence. Also, the Quranic principles related to Hudud and Yamin practices are also examined. By using jurisprudence and Quranic sources related to the issue of Daghath, the present research emphasizes the importance of observing the principles of jurisprudence in the regulation of criminal laws and Quranic principles in the acts of Hudud Vimin. The most influential principles in this field are rationality and attention to individual, personal and public interests. Finally, the research indicates the importance of the influence of jurisprudence and Qur'anic principles in regulating the punishment of ghast and suggests that the legal system be improved by observing these principles.
