Criticizing the Death Penalty in Drug Laws Based on the Quran’s Teachings

Understanding the examples and the limits of the subject, and inference of criminal law for “spreading corruption on earth” with a reference to the verses of the Holy Quran is one of the most sensitive matters. The legislator’s criterion for enactment of death penalty for a group of drug criminals is explicitly spreading corruption on earth and implicitly prevention, while the effect of death penalty on prevention of drug abuse and drug crimes has not been substantiated. Comparing the criterion of death penalty under the supplementary article 45 of anti-drug law 2017 with the Quran’s teachings, it is made clear that two premises should be obtained for enactment of death penalty: First, the title of spreading corruption on earth should be canonized in jurisprudential sources. Second, the title of spreading corruption on earth should be applied for drug-offenders. However, the independent criminalization of spreading corruption on earth is essentially controversial among the jurists and most of them are disagree with that. Considering the second premise, it can also be said that whenever there is doubt about the application of a title to an individual, it is essentially not supported. This bi-dimensional matter has been considered by the legislator for drug crimes, however it has been heedless of the fact that corruption is a qualitative property but not a quantitative one.