نوع مقاله : مقاله علمی ترویجی
نویسنده
دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The amount of "ta'zir" is one of the controversial issues in the criminal jurisprudence of Islam and different views of jurists about it are taken from narrations. The jurists have two approaches in this regard; based on the conciliation of the narrations in which the amount is determined for ta'zir and according to the narrations in which the ta'zir is given to the ruler (judge) without determining the amount. Therefore, research on these differences is essential. The present study has two questions; how is the reconciliation of narrations that determine the amount of ta'zir? What is the result of reconciliation of the mentioned narrations? The present study is qualitative and seeks with an explanatory method to discover how to conciliate the aforementioned narrations and also the practical application of the result of this conciliation. In this article, the narrations of the chapter on ta'zir which determine the quantity of it have been collected, analyzed and four theories about the quality of conciliation between them have been studied and analyzed. As a result, two jurists have preferred the narration of Obaid (commensurate with the Hadd of each sin) and the theory of the other two jurists is one according to the narration of the Fiqh Al Reza (jurisprudence of Reza) (between 11 and 39 whips) and the other is following the hadith of Hammad (less than 40). Analysis of the opinions of the jurists indicates that the jurists, in a position other than the conciliation of narrations, have stated that the lower limit of ta'zir is only well known among the jurists and has no explicit document in the narrations. Secondly, the proportionality of the ta'zir of every sin with its Hadd is a rational preference that is not a proof, in addition, not every sin has a Hadd; Thirdly, according to the principle, narrations and the appearance of consensus, there is no determination of limit in ta'zir and leaving it to the Imam or the ruler is a definite matter of jurisprudence.
کلیدواژهها [English]
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