The Death Penalty and Human Rights

Throughout history, the death penalty has been one of the most severe punishments that various countries have foreseen in their criminal law. This punishment leads to the permanent removal of the offender from society so that not to witness his criminal behavior in society. As many criminal cases have evolved throughout history, so has the death penalty. Torture and removal of the offender have been the key element of this punishment. Gradually, however, with the advent of recent centuries with the introduction of new theories in the form of human rights by scientists and the emergence of philosophical movements, the execution of the death penalty met with strong opposition. Although the death penalty is accepted in Islam, but by examining how it is proved and the philosophy of its execution, it is understood that the execution of the punishment is the last step and the main principle is to prevent crime and proving the crime which is worth death penalty is difficult in Islam and in many times, it can not be proved. The implementation of punishment in Islamic countries may be suspended for a period of time, which is done in special circumstances by the implementation of secondary rulings, and that is when the Islamic society is under unbearable pressure from the so-called Western human rights or the maintenance of the Islamic country requires this under certain conditions. This article discusses the different views and arguments of opponents and proponents of the death penalty.