The conflict between the principles of stoning and skinning in Islamic jurisprudence and the international legal system

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Article Type:
Research/Original Article (بدون رتبه معتبر)
Abstract:
international human rights system are not aligned with the Imami jurisprudence regarding the punishment of stoning and skinning and are in conflict. The all-round defense of criminal jurisprudence is necessary in the current era so that the evidence of the international human rights system in rejecting stoning based on jurisprudence is criticized and the human rights considerations of stoning in the Islamic Penal Code approved in 2013 are analyzed. The results of the research indicate that, firstly, a correct and complete picture of the punishment of stoning has not been presented according to the intellectual system of Imami penal jurisprudence. Secondly, the preconceived notion that human rights have of the previous punishment of the West has extended it to stoning in Imamiyyah jurisprudence and demanded its complete removal from the dictionary of Islamic punishment. However, the philosophy of stoning and skin punishment is in terms of the aspect of deterrence and prevention of committing a crime; Of course, based on the perspective of tariqa, Islamic punishment has components that make it possible to modify, convert or abolish it.
Language:
Persian
Published:
Journal of Jurisprudence studies and cultural law, Volume:1 Issue: 1, 2024
Pages:
227 to 246
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