The Principles of the Theory of Public Execution of Punishments from a Legal and Jurisprudential Viewpoint

The present research is aimed at investigating public execution of punishment. The subject of public execution of punishment is one of the issues causing different reactions from experts. Some, while agreeing with the public execution of punishment, believe that the execution of the punishment in the public eye has a Sharia and Quranic context, referring to the holy verse “And let a group of the believers witness their punishment[1]” in support of their opinion. On the other hand, a group believes that there is no such thing as public execution of punishment in the jurisprudential rules, and the aforementioned noble verse does not indicate the public execution of punishment. In every penal system, the method of execution of punishment is under the influence of the basis and goals of punishment in that penal system and applied in line with its realization. From the viewpoint of Islam, although the basis of punishment is a combination of the two principles of justice and benefit, the most emphasis is on the realization of the effects and results of punishment. By reviewing the penal doctrines of Islam concerning the goals of punishment, we found out that the correction and education of the criminal is the key effect and result of the execution of punishment. Public execution of punishment not only does not realie this basic goal, but also makes its realization impossible or difficult.