نوع مقاله : مقاله پژوهشی
نویسنده
گروه فقه و مبانی حقوق اسلامی، دانشکده الهیات و معارف اسلامی، دانشگاه سیستان و بلوچستان، زاهدان، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
According to popular belief, the dual penal system of hadd-ta'zir has a static limit in terms of crimes subject to hadd and ta'zir. The prerequisite for this stagnation is the clarity of the list of crimes subject to hadd and ta'zir. And the requirement of this matter is the existence of a clear and precise criterion for separating the crimes subject to hadd and ta'zir from each other. In order to measure the validity and reliability of this static and its accessories in the criminal system of hadd-ta'zir, in this article, first, with an analytical approach, it was determined that the principle in punishments is to be ta'zir. Only in certain cases and in a disciplinary manner can this principle be removed. This principle should also be returned to in suspicious cases. Then, with a critical approach, and with regard to the existing jurisprudential narrations and writings in this regard, the existing and probable criteria for limiting punishments were presented and analyzed, and through this, the limitation of many crimes that were considered common in the common sense. Are challenged. Finally, it became clear that the dual hadd-ta'zir is not static in terms of crime, as it is commonly considered, and with methodical ijtihad, changes in the list of crimes subject to hadd and ta'zir can be accepted.
کلیدواژهها [English]
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