نوع مقاله : مقاله پژوهشی
نویسنده
استاد خارج فقه و اصول حوزه علمیه مشهد و دانشیار گروه فقه و مبانی حقوق دانشگاه علوم اسلامی رضوی.مشهد، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Abstract
Islamic criminal rules are one of the most challenging jurisprudential and legal debates that have been challenged by some contemporary thinkers. They have raised debates about the temporary and variable nature of Sharia punishments and believe that the rules of Hudud, Qisas, and Diat were meant to curb the just and moral revenge common among the Arabs of that era, not legislation. Based on this, they say that the implementation of these limits and sharia punishments are not compatible due to their painfulness, harshness and opposition to the customs of the time and common laws in the world, and according to the current developments and conditions, it is necessary to change them.
The findings of the present research are descriptive-analytical using library resources, which are the limits specified in the Holy Quran and certain traditions, with regard to prevention, restraint, preservation of fundamental rights, creation of security and public order, learning and implementation. Justice, as well as preventing the despair of the victims, is intended as a permanent rule, not as a just restraint of temporary revenge.
کلیدواژهها [English]
