Limitations of Death Penalty according to Shiite Criminal Jurisprudence and the Iranian Criminal Law

The present paper aimed to study effective solutions available in the Imamiyeh jurisprudence and the Iranian criminal law to decrease the execution of death penalty in Iran to not only save human lives but also realize human rights in Iran.

The library method was used to conduct this descriptive-analytical research.
Ethical Considerations: Originality of texts, honesty and confidentiality were preserved in this paper.

The execution of death penalty was almost common in the past. However, with regard to the necessity of respecting for human rights and lives against violence, the execution of death penalty is now forbidden in many parts of the world or has been decreased to a great extent. Therefore, the present paper have dealt with three types of punishments, namely definite punishment, retaliation, and discretionary punishment, in order to find effective solutions to achieve the foregoing goal.

According to the Shiite criminal jurisprudence and the Iranian criminal law, the death penalty proved to be the most severe punishment among others. With regard to quadruple punishments introduced in the Islamic criminal law (2013), death penalty falls into three categories including definite punishment, retaliation, and discretionary punishment.