Wisdoms of Punishment in the Penal System of Islam

Message:
Abstract:
To justify punishment, sometimes its objectives and philosophy are spoken of. In penal schools, discussions are made to find which the objectives and philosophy of the decreed punishments are. When objectives of punishment as viewed by Islam are spoken, however, what is intended is things to attain them punishment is predicted and executed; and, it is better to study and discuss these issues under 'wisdoms of punishment'. By 'wisdom of punishment', interests are meant which have been introduced as interests determined by the Origin (wisdom, hikmah). Sometimes wisdom of a verdict (the standard interest) has been stated in the evidence for verdict and the verdict depends upon it. Of course, importance of 'wisdom of the Islamic punishment's is not the same as that of the reason behind enacting these punishments; explication of the wisdom of punishment, since it helps the legislator to specify punishments or since it describes the goal pursuing by the legislator, is noteworthy and helpful. In legal literature, to mention this concept, the term 'philosophy of punishment' is used. In the present writing, 'philosophy of punishment' is discussed in three sections: 'hudud (Islamic punishments)', 'qisas (retaliation)', and 'tazirat (punishments having maximum and minimum limits determined by law and judge)'; for each of which has its own characteristics and objectives. Then, philosophy of punishment as viewed by Islam has been discussed. The present article has been put in writing in accord to intra-religious literature; and, since it has its own worldview, ontology, and epistemology, sources and teachings of the clear religion of Islam has been referred to and discussed.
Language:
Persian
Published:
Islamic Law Journal, Volume:13 Issue: 1, 2016
Page:
91
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