Relationship between the jurisprudential rule of "sanctity of hatred of religion" and the government's ruling on limiting corporal punishment
The dynamism of Shiite jurisprudence is in the light of the potential capacities of the government and more attention to secondary topics. The use of corporal punishment (stoning, flogging, amputation and execution) as a hadd has been considered contrary to the human rights obligations of the Islamic Republic of Iran and has provoked reactions. The result of this research, which has been written in a descriptive-analytical method, indicates that according to the jurisprudential rule of the sanctity of hatred of religion and global tendencies on non-imposition of corporal punishment, it is possible to limit the mentioned punishments. Although the requirement of the first sentence is the stability and irreversibility of corporal punishment , but according to the interpretive views of human rights institutions and the existing challenges, the issuance of a government sentence based on "sanctity of hatred of religion" is possible and temporary. It is provable and the Islamic ruler has the authority to limit corporal punishment. Iranian courts, at the discretion of the Supreme Leader, can minimize the use of corporal punishment and avoid the international responsibility of the government and protect the interests of the system.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.