Temporal and spatial components in the implementation of the hudud and approach of the Islamic penal code in suspending its conversion

Subject Areas : Criminal jurisprudence

Abbas Taghnaee ¹ , atefeh Lorkojuri ² , sasan malek motiee ³

1 - Department of Islamic Maaref, Lahijan Branch, Islamic Azad University, Lahijan, IRAN
2 - law departement, Lahijan branch, Islamic Azad University, Lahijan, Iran.
3 - Ph.D student of Lahijan branch, Islamic Azad University, Lahijan, Iran.

Received: 2021-10-20 Accepted : 2022-09-09 Published : 2022-08-23

Keywords: conversion of punishments, hudud, punishments, replacement of punishments,

Abstract :

Abstract : Insight and expression of the framework in the Islamic penal system is the formation of the healthy life based on creating a healthy living environment and preventing the occurrence of crime, so that human beings, in order to become familiar with their individual and social duties: refrain from any deviation. There is a worldly punishment (hudud and punishments). In this article, the role of time end place in the punishments is more noticeable, so that in the main criterion of the punishments, which is less than the hudud. Depending on the requirements, deviation from it can be seen in some cases for special reasons. Time and place play a decisive role in enforcing the hudud, so in the event of a conflict of interest in enforcing the hudud or, more importantly, the limit may be temporarily shut down or enforced to another degree. It is a place in enforcing the hudud and approach of the Islamic penal code in suspending and changing it, findings show that the conversion of prescribed and non-prescribed religious punishments with other conventional punishments by reformist methods is possible in terms of rules and structures within the religion and from a perspective appropriate to the requirements of the time is a historical necessity.