Historical-Sociological Analysis of the Application of "Famous Reading" from the Criminal Theory of Sharia on Corporal Punishment in the Post-Islamic Revolution

The Islamic Revolution of Iran can be considered one of the greatest contemporary revolutions and one of the most important social events of the twentieth century.One of the most important consequences of this revolution was a fundamental change in the criminal law of Iranian society.Among the most important of these laws,we can mention the law of Hudud and Qisas and its regulations(1982).A law that,by recognizing corporal punishment,contradicted the teachings of human rights and was the representative of the "famous reading" of the criminal theory of Sharia.In this regard,the fundamental question arises: what could be the reasons for passing the criminal law based on the Famous reading,which resulted in a conflict with human rights?However,there has been a considerable religious capacity to reconcile Islamic law with human rights achievements.Also, the legitimacy of different types of corporal punishment from a religious perspective is questionable.In addition,the execution of corporal punishment is associated with adverse consequences, such as an increase in the phenomenon of "Islamophobia".The research findings show that the use of Famous readings about corporal punishment in the post-Islamic Revolution was not based solely on the religious concerns of the ruling party,but also on political and socio-cultural factors in the legislature relied on it.Among the most important principles in this regard,we can mention the idea of forming a holy society under the rule of God,protection,and care of Islamic civilization against the achievements of modernity, determination of collective conscience,protection of political and religious power in Islamic societies.