Critical re-reading of the list of crimes subject to the Hadd in the light of the criteria for determining the Hadd of punishments

Document Type : Original Article

Author

Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Sistan and Baluchestan University, Zahedan, Iran

10.52547/jlr.2023.226325.2135

Abstract

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.

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History

  • Receive Date: 20 June 2022
  • Revise Date: 17 June 2023
  • Accept Date: 08 July 2023

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