Religious Study of considering the personality of the guilty personiTazir
Subject Areas : Criminal Law and Criminology
razieh sabzehali
1
(Master's Degree, Criminal Law and Criminology, Tehran Science and Research Unit, Islamic Azad University, Tehran, Iran.)
mahmood ashrafy
2
(Assistant Professor, Department of Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.)
Masoud Haedari
3
(Associate Professor, Department of Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.)
Keywords: Tazir, personalized penal, punishment policy of Islam, social re-adaptation, the personality of a guilty person,
Abstract :
Tazir as an indefinite punishment is the most widespread reaction against crime in the punishment policy of Islam. The usefulness of Tazir is dependent on the way to use it in accordance with the personality of the criminal. Tazir is a type of Islamic punishment which its amount and way of performance are identified and depends on the judge's view. The judge has to identify it based on the amount of the crime; thus it is called "punishment based on the view of the judge". Personalized penal means that the judge has the power. Considering social, physical conditions of the guilty person and based on his personality the punishment is identified.in religious rules the principal of personalized punishment is performed in Tazirat. Islam considers different goals in passing punishments and the most important of which is its prohibitive function. The aim of Tazirat is to correct the guilty person, re-adaptation of the guilty person, teaching others a lesson, keeping social prudence and religious values and prevent repetition of the crime. The method of the study was descriptive analytical and library method was used to collect literature and note taking also was used.
ب: فارسی
_||_
18. Walidi, Saleh (1384-2005), Common criminal law, Vol. 2. Tehran: Samt organization for Studying and Compiling Humanities Books of Universities.