The Conversion and Replacement of the Islamic Punishment Tailored to the Time Requirements

Subject Areas : Private law

Saeed Hadi Najafabadi ¹ , Mohammadreza Ayati ²

1 - تهران
2 - تهران

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-01-20

Keywords: Punishment conversion, Punishment replacement, penalties, Hodoud, TAzirat,

Abstract :

The approach and attitude of the contemporary human being about crime, and punishment of criminals has undergone serious change and transform that is mainly the result of change of human attitudes towards his role, position, rights and generosity. This study evaluates the theoretical position of some Islamic punishments (Hodoud and Tazirat) in the absence of innocent Imam (peace be upon him). The author believes that the change and replacement of the authorized and non-authorized legal penalties with other conventional penalties or reform methods is possible from the point of view of religious rules and principles and is a historical necessity regarding time requirements. The innovative aspect and distinctive feature of this article compared with other articles related to it is the acceptance of the change and replacement even in the case of legal authorized penalties.