Principles of Hudud: Cross-sectional and concerned with curbing the habits of ignorance or protecting fundamental rights through legislation

Articles in Press

Document Type : Research Paper

Author

Professor of Jurisprudence and Principles at Mashhad Seminary and Associate Professor of the Department of Jurisprudence and Principles of Law at Razavi University of Islamic Sciences. Mashhad, Iran.

10.22059/jorr.2025.373768.1009439

Abstract

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.

Keywords

Main Subjects

Religious Researches

Articles in Press, Accepted Manuscript
Available Online from 27 October 2025

Files

History

  • Receive Date: 10 March 2024
  • Revise Date: 21 September 2025
  • Accept Date: 27 October 2025

Share

How to cite

Statistics