The suspension of Ta'ziri punishment based on the basis of the crime
Author(s):
Article Type:
Research/Original Article (بدون رتبه معتبر)
Abstract:
Justice in the execution of punishment towards the criminal must be in accordance with the circumstances of the crime and the state of the criminal at that time. And in order to achieve this, it is necessary to take into account all the conditions of the criminal while determining the punishment for many crimes. Because Islam seeks better implementation of justice in all matters. Therefore, punishing all criminals by simply referring to a general law, without considering the external factors of the crime and the individual and social psychological factors of the criminal, in other words, without considering the individual and social personality of the criminal himself, is another crime. So instead of saying what is the punishment for a certain crime, we should say who is the culprit? What is his knowledge and education? Where, in which house, which city, which country was he raised? What was the state of his biology, nervous and mental system when he committed the crime? And after examining all aspects of the crime and the criminal, then any verdict is issued, the verdict will be fair.
Keywords:
Justice , Punishment , Crime , Criminal , Mitigation , Amnesty
Language:
Persian
Published:
Journal of Modern Jurisprudence and Law, Volume:3 Issue: 10, 2022
Pages:
7 to 21
https://magiran.com/p2456431