نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 دانشجوی دکتری گروه فقه و حقوق رشته حقوق جزا و جرم شناسی، جامعه المصطفی العالمیه نمایندگی خراسان
2 گرایلی، محمد باقر؛ هیئت علمی گروه حقوق جامعه المصطفی العالمیه نمایندگی خراسان
3 هیئت علمی گروه حقوق جامعه المصطفی العالمیه نمایندگی خراسان
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
Abstract
The element of foundation of reason in jurisprudence and criminal law is one of the sources that has been the focus of jurists and scientists since the past and is one of the foundations of reasoning in criminal subjects. Induction shows that Islamic punishments such as Hudud, Qasas and Ta'zairat were common among scholars before Islam and during the era of the Prophet (PBUH) and Imams (PBUH). While codifying existing punishments, Islam has approved and signed them. It is clear that if there was no prevalence and widespread, there would be no such thing as a signed decree. Therefore, the penal chapters not only do not conflict with the Islamic way of thinking, but the legislation of Islamic punishments is completely compatible with the principles accepted by the world's intellects. These principles are the principle of justice, the principle of individualization of punishments, the principle of personalization of punishments, the principle of humanizing punishments, the principle of decriminalization and the principle of proportionality between crimes and punishment. Therefore, the suspicions regarding the Islamic penal regulations - which have considered these penal orders to be in conflict with the foundation of reason, harsh, against human dignity and non-compliance - are not justifiable and are caused by ignorance about the very great philosophy of the prescribed rules in the penal field.
Key words:
Penal jurisprudence, criminal law, foundation of reason, punishments.
کلیدواژه‌ها [English]
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