نوع مقاله : مقاله علمی پژوهشی
نویسنده
گروه حقوق، واحد مشهد، دانشگاه آزاد اسلامی، مشهد، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Public identification of offenders can intensify stigma, social exclusion, and obstacles to reintegration, and may amount to a second punishment inconsistent with human dignity. Islamic jurists have discussed tashhīr, or public exposure, in connection with false testimony, qadhf, fraud, deception, and procuring. This article re-examines the subject, rationale, scope, and legal nature of tashhīr. Using a descriptive-analytical study of primary fiqhi sources, it finds that a binding requirement of public exposure is established only for the false witness. Its rationale was not retribution, deterrent humiliation, or reform through disgrace, but the protection of adjudication by preventing renewed reliance on the witness until rehabilitation became known. The measure is therefore protective and precautionary rather than punitive, and it differs from publication of a final judgment, media release of an offender’s image, public execution of punishment, shaving the head, exile, or banishment. Because modern criminal-record systems enable courts to verify prior convictions, the original rationale has largely disappeared. Tashhīr is no longer required as a primary rule, although narrowly tailored disclosure may exceptionally be authorized as a secondary governmental measure where public order and a demonstrated public interest require it.
کلیدواژهها [English]
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