Jurisprudential-Legal Analysis of the Relationship between Crimes in Public and Increased Punishment

Committing a crime in public as one of the qualities of intensifying the punishment in Islamic jurisprudence and criminal law has faced many opinions. Therefore, in this article, with a comparative approach and using the descriptive-analytical method, the jurisprudential-legal criteria of intensifying the punishment of crimes in public has been examined, emphasizing the positive and negative statements in a descriptive form among the jurisprudential-narrative texts, and also based on the objective quality from specific aspects and the multiplicity of crimes from general aspects, this issue has been investigated in Islamic criminal law. From the point of view of jurisprudence, it is not possible to increase the punishment of the main crime itself, but it is possible to increase it as ta‘dhir due to titles such as desecration and showing immorality. From the legal point of view, increasing the punishment of crimes in public can be justified from the two aspects of multiplicity of behavior and objective aggravating qualities.