نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 جامعة المصطفی العالمیه
2 گروه حقوق دانشگاه رضوی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Abstract
This research examines the impact of the principle of equity on criminal justice in the issuance and execution of ḥadd punishments within the legal systems of the two Islamic countries, Iran and Afghanistan. In Islamic jurisprudence, ḥadd punishments hold a significant position as divine sanctions, and their fair and accurate application has always been a critical issue in Islamic criminal law. Given the severe consequences that ḥadd punishments can impose on offenders, the use of principles like equity can serve as a safeguard against unjust punishments. This principle plays an essential role, especially when considering the social and individual circumstances of the accused, in mitigating the harshness of ḥadd enforcement. The present article adopts a comparative approach to analyze the influence of equity in the criminal laws of Iran and Afghanistan, exploring both similarities and differences between the two legal systems in their application of ḥadd. Findings indicate that the principle of equity can be a valuable tool for judges in reducing the issuance and implementation of severe ḥadd punishments, and it is utilized in different ways within the legal frameworks of Iran and Afghanistan to prevent unjust punishments.
کلیدواژهها [English]
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