Study of the Social Aspect of Intentional Crimes against Physical Integrity in the Islamic Jurisprudence and the laws of of Islamic countries with Emphasis on the Iranian Law

The intentional Crimes against physical integrity are among the crimes in which the private aspect is very colorful due to the direct harm to individuals. Therefore, the retribution as the main penalty like the blood money is given to victim or his/her parents. This issue has led some to ignore the separate right to punishment for society. In Islamic jurisprudence and consequently in the regulations of Iran, the discussion of the legitimacy of the ta'zir of the perpetrator in in case of retribution, the subject of the social aspect of crime, had become one of the challenging issues after the victory of the Islamic Revolution. In the Islamic Penal code adopted in 2013, by enacting general provisions in Article 447, has tried to regulate the ta'zir of the crimes in a disciplined manner, although the amount of ta'zir, especially in the case of physical crimes less than murder, is very ambiguous. In other Islamic countries, too, the social aspect of the crime has been recognized. In the present article, with a descriptive analytical method, this issue has been studied in a comparative manner according to the jurisprudential principles which indicated the strength of the position of identifying the social aspect of intentional crimes in perspective of jurisprudential documents. In addition in our legal system, the punishment of social aspect in murder according to Article 612 of the Book of Ta'zirat, and Physical crimes less than murder, if they are examples specified in Article 614 or committed with a weapon, will be determined in accordance with this article, otherwise alternative punishments of imprisonment will be imposed.