List of Articles Hadd punishment

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  1 - Studying Why the Repentance of Male Fornicator is Given no Lesser Punishment, after Qiyam Bayyinah(A Criticism on Article 114 of the Islamic Penal Code)
  Mojtaba Hosseinnezhad
  10.22034/ijrj.2018.540067
  Based on the verdict of whether or not to accept the repentance of male fornicator after Qiyam Bayyinah, there is a disagreement between jurists. Although some jurists such as Sheikh Sadooq and Sheikh Mofid believe that the repentance of male fornicator makes him deserv More

  Based on the verdict of whether or not to accept the repentance of male fornicator after Qiyam Bayyinah, there is a disagreement between jurists. Although some jurists such as Sheikh Sadooq and Sheikh Mofid believe that the repentance of male fornicator makes him deserving of lesser punishment, most of them are in an agreement that it cannot conducive to commutate the punishment. This was outlined by Article 114 of the Islamic Penal Code. Taking into account all these comments as well as examining them, the authors arrive at the conclusion that even though there are many narrations. No reference or documentary value specified to prove that the repentance of male fornicator makes him undeserving of lesser punishment. It is due to some evidence including the Istishab principle and the Hadd punishment etc, according to believers’ claim of first quote. There is also some weak evidence to believers’ claim of second quote including the lack of documentary evidence and relying on Tuaf al-uqūl narrative.  Thus, the important thing is to investigate if the reputation evidence is reliable. After reviewing the documentations, it becomes clear that the believers’ claims of first quotes provide no proof of eligibility to be ascribed to. None of the believers’ claims of second quotes, on the other hand, are veracious except those of Tuaf al-uqūl narratives. Neither the believers’ claims of first quotes nor the believers’ claims of second quotes, except those of Tuaf al-uqūl narratives, are veracious enough to be ascribed to. However, the believers’ claims of second quotes are thoroughly complete concerning the Tuaf al-uqūl narratives. There is no problem with investigating the documentations. Confirming the authenticity of this document as being thoroughly complete according to the believers’ claims of second quotes, there is no doubt to accept the second quote in this regard.   Manuscript profile
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  2 - Theory of Agreement on Hadd (Prescribed) Punishments, Religious Jurisprudential Principles and Executive Challenges
  Mohammad Ali Hajideh Abadi Abbas Ali Niknasab
  10.22034/ijrj.2018.541393
  In the Islamic jurisprudence, "prescribed punishments (Hudud)" are an important group of the punishments that are often physical; they have also been taken into consideration by the Iranian criminal legislator after the victory of the Islamic Revolution of Iran and have More

  In the Islamic jurisprudence, "prescribed punishments (Hudud)" are an important group of the punishments that are often physical; they have also been taken into consideration by the Iranian criminal legislator after the victory of the Islamic Revolution of Iran and have been executed for more than three decades. During these years, the execution of some hadd (prescribed) punishments especially the murder and stoning to death has caused some problems for the country. A useful strategy to reduce the negative consequence of executing the physical punishments is to use the agreed reactions. Because based on this strategy, the physical punishments also are in the texts of the laws and can equally fulfill the horrendous target of the punishments. On the other hand, ignoring the execution of the physical punishments and using the agreed punishments in exceptional cases, the criminal can be encouraged to perform the positive and constructive behaviors, to compensate for the damage to the victim and the community and to make up the past, to understand his/her bad behavior and ultimately to improve and to rehabilitate physically and mentally. Regarding the emergence of theory of having an agreement on criminal justice, the question is arisen that is it possible to use the agreed punishments for the crimes that deserve hadd? In the present article, in addition to emphasizing the existence of religious jurisprudential principles and non-negligence of the executive challenges, the possibility of the case execution of the theory in the hadd crimes has been concluded. Manuscript profile