Historical Cognition on The Islamic Sharia Penal System of Ḥudūd and Qiṣāṣ in Light of Social Constructivism Theory

Like most social norms, Punishment is also rooted in human history and is old as society itself, so it should be considered a “socio-historical structure”. Thus, no punishment should be considered a Religion invention. in actuality, any kind of punishment comes to put Intended values and norms in place. Different religions including Islam verified and support these laws for social necessity. This article suggests the Islamic penal system is influenced by the Collective conscience's desire for crime punishment and showing-off ruler dominance. so contrary to stereotypes and sanctifying ideas about Islamic criminal law, Punishment is a social phenomenon formed in response to the people's needs at that specific time and was an extension of the ruling power. That means due to collective conscience approval and ruling power utilization, those types of punishment were justified in the Age of Jahiliyyah social relation. now if we take previous statements as a fact then it seems so obvious that the Troubled Penal systems of Islamic countries like Iran need reform in sync with accepted human rights laws. In other words, with a historical perception and away from subjectivism in this field, the system of punishment based on the elements of the contemporary world must be implemented.