baitullah div salar

The rule of maintaining order is one of the most important rules that has been studied under the secondary provisions, and considering the extent of the provisions of this rule in terms of criminal law, private law and public law, it can be said that the implementation of provisions resulting from maintaining order can According to the implementation of the provisions of jurisprudential rules, such as the no-harm rule, the rule of domination, the rule of iodine, the rule of guarantee of iodine, etc., and the following legal principles such as the principle of expediency, the principle of enforceability of rulings, Society, the principle of legality of the sentence and dozens of other principles should be examined. The rule of maintaining order is a solution in exceptional circumstances, and the jurists, according to this rule, have forbidden any issue that disrupts the system, and have issued a fatwa on what is necessary to maintain order, and therefore the issue of the correct implementation of this The rulings that have been set in order to maintain the system and prevent the disruption of the system are important. Since the application of this rule will be possible in order to execute the binding sentence, therefore, studying the rules and principles governing the rule of maintaining order in the execution of the sentence is important in both jurisprudential and legal dimensions according to the library method. And analysis and description of the contents are studied in the present article.

The possibility of changing the manner of retribution is one of the important issues in the field of criminal jurisprudence.

There are two issues that can be raised regarding the change of the method of retribution; Execution of retribution using new methods and tools and the order to use anesthetics and anesthetics during retribution. Regarding the use of new methods and tools in retaliation, there are two views that seem to be the preferred view, according to those jurists who say that the use of new tools and methods that make the soul easier than the sword is legally obligatory, and Islamic rulers They should use it during the retribution of criminals. Also, it seems that the best view regarding the permission to use anesthetics and anesthetics when retribution is used is to allow the use of these drugs with the permission and consent of the person deserving of retribution (whether the guardian or the victim).

This view is more in line with the Shari'a arguments and the spirit of Shari'a and is more compatible with the purposes of retribution legislation than other views.

The results of this study show that this issue can be proposed in general and jurists have explained its various dimensions. A very important point about this issue is that its examples are new and have been proposed only in the recent era and with the changes and scientific advances that have been achieved.