The aggravating and mitigating elements in Islamic punishments

What distinguishes laws based on religion from other laws is their adaptation to the comprehensive program that religion has provided for human well-being. In other words, the laws issued by the wise lawgiver are only for paving the way for human perfection. The Islamic Penal Code while focusing on deterrence and applying punishment is not excluded from this rule. Hence, if the Islamic penal code go beyond the principles, goals, and conditions considered by the lawgiver for those purposes, then this aim not only will not be realized but even the possibility of the opposite result will not be ruled out. In the present study, the factors to be considered when issuing a sentence are examined and analyzed. Obviously applying these factors can make the sentence mitigated or aggravated. Factors that mitigate punishment can be divided into two types: personal and typical. Personal factors include repentance, confession, and even physical conditions. Bad economic conditions and constraint are among the most important typical factors. The above mentioned division can also be applied to aggravation of punishment. Disbelief and the state of being married are considered as personal factors, and commission of the crime at certain times and places, as well as in war situations, are considered as instances of typical aggravating factors. Applying these factors will enable the legislator to achieve goals such as deterrence, refinement, and discipline for offenders, and provide ideal conditions for persons and society to achieve beatitude. For this reason, the present study in order to recognize these elements based on valid jurisprudential sources and using a descriptive-analytical method  attempts to count the above mentioned elements and introduce and describe them after separation.