Examining the Ruling to Change the Manner of Retribution from the Point of View of the Five Islamic Religions
The possibility of changing the manner of retribution is one of the important issues in the field of criminal jurisprudence.
There are two issues that can be raised regarding the change of the method of retribution; Execution of retribution using new methods and tools and the order to use anesthetics and anesthetics during retribution. Regarding the use of new methods and tools in retaliation, there are two views that seem to be the preferred view, according to those jurists who say that the use of new tools and methods that make the soul easier than the sword is legally obligatory, and Islamic rulers They should use it during the retribution of criminals. Also, it seems that the best view regarding the permission to use anesthetics and anesthetics when retribution is used is to allow the use of these drugs with the permission and consent of the person deserving of retribution (whether the guardian or the victim).
This view is more in line with the Shari'a arguments and the spirit of Shari'a and is more compatible with the purposes of retribution legislation than other views.
The results of this study show that this issue can be proposed in general and jurists have explained its various dimensions. A very important point about this issue is that its examples are new and have been proposed only in the recent era and with the changes and scientific advances that have been achieved.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
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