فهرست مطالب محمدرضا قضایی

In order to deal with some of the crimes, Islam considers some ways which one of them is the establishment of the criminal laws. These laws including several stages to be approveed, are based on the education of individuals and the community. To legislate the law, it is needed some different process; for instance, the passing of the preparatory stages. Then, it is time to execute Islamic punishment enjoying its own ethical requirements. The current paper tries to present an appropriate role model in legislation system through analysis of Islamic methodology in the introduction of and howness of educational and legislative process. It also tries to explain ethical requirements that are needed in executing prescribed punishments. The results can be categorized into two stages: the first, in the level of legislation; the second in the level of execution. The first stage includes four principals, e.g. the rule of the prevention, treatment, gradual training and giving information to the man. The second level possesses the principle of education, paying attention to the culprit’s rights and conditions of forgiveness in Islam during.

Islam is a religion that has attracted the attention of many people because of the scope of its influence. Among them are Orientalists, who have carried out research in the field of Islam. One of them is the Jewish scholar Ignaz Goldziher, who has done a lot of research and written copiously in this field. In an article in the Jewish Encyclopedia and in some of his works, he has stated his rejection of the revelatory nature of Islam and has claimed that the Prophet of Islam followed and took his teachings from Judaism, and has provided some examples to prove his assertion. Among the teachings, he has discussed the ‘belief in God’, ‘fasting’, ‘Qiblah’, ‘slaughter of animals’ and ‘washing the dead’. In this article we have examined the validity of Goldziher’s claims about Islam and the borrowing of Islamic teachings from Judaism. By studying and comparing the teachings of Judaism and Islam, it becomes clear that his claim is without merit and that mere similarity in some teachings does not mean that borrowing or adaptation has taken place, as it is quite possible that the singular source of monotheistic religions could also be the reason for their similarity. The fundamental difference between the two religions in some of the commandments is further evidence of the falsity of Goldziher’s claims.

In order to deal with some crimes, Islam has some ways one of which is laying down criminal laws. These laws are based on the education of individuals and the community, and have several stages. Among them are some preliminaries that should be passed in legislation. Following these preliminaries come the stage of the enforcement of Hudood that has its own ethical requirements. This research first attempted to explain the methodology of Islam in the introduction and explanation of passing the educational preliminaries and then, in the legislation of Hudood. Then it presented a proper model of the legislation process, and through the methodology of the enforcement of Hudood in Islam, analyzed the moral requirements of the enforcement of Hudood.  The results emphasize the principles of prevention, treatment and gradual education at the stage of setting the Hudood, through giving awareness to human beings. Other results include the principle of education, paying attention to the rights and conditions of the culprit, and Islamic forgiveness during the Islamic legislation process and the enforcement of Hudood.