mohammadali keshvari

One of the most important principles of Islam, which needs to be explained in Islamic penalties, is the "exclusivity of the Shari'a of easy and tolerant", which is taken from the Prophetic hadith: I was sent upon the easy and tolerant true Shari’a. The reference of jurists and theologians to this principle shows its high validity. So, this principle has been recognized as one of the factors of Islam distinguished from other religions in the devising primary rulings and also as a rule of negation of hardship in secondary rulings. The effect of this principle on the Islamic penal system, especially penal punishments, is to soften these punishments as compared to pre-Islamic era, and by applying a rule of negation of hardship and creating a facilitating moral principle, it prevents certain punishments from going beyond their goals and provides the context for the upgrade of criminal justice.