عنوان مقاله [English]
An examination of the sources of Islamic jurisprudence demonstrates that determination of the discretionary punishment has been given to the expediency of judge. The explanation of the quality of recognizing discretionary punishment by judge, undoubtedly, is one of the important subject matters by which the community punishments' station in the Islamic penal policy is demonstrated. The present study using a descriptive–analytical method, has examined this matter and has found out the judge should "discover" the quality and quantity of discretionary punishment by the considering special criteria and norms and sometimes he may find community punishment as the most advisable reaction with regard to that criteria and norms. Therefore, necessity of the judge's discovering reaction demonstrates necessity of exercising community punishments. But still, it has not been completely prepared that's conditions and necessaries in penal policy of our country.
29. Bottoms, Anthony & Rex, Sue & Robinson, Gwen (2004), Alternatives to prison options for an insecure society, London: Willan Publishing.
30. Brownlee, Ian (1998),Community Punishment A Critical Introduction, London: Longman.
31. Donnelley, R.R (2007), Report of the review of community penalties, The Scottish Government: Edinburgh, www.Scotland.gov.uk.
32. Easton, Susan & Piper, Christine (2005), Sentencing and punishment the quest for justice, New York: Oxford university press.
33. Mason, Tom (2000), Care and management in the community, In: Behavior, crime and legal process a guide for forensic practitioners, New York: Wiley Press.
34. Scott, David (2008), Penology, London: Sage publications.
35. Singh, shanta (2002), Community based sentences: Alternatives to short-term imprisonment. Master of Arts Dissertation. University of South Africa.
36. Tonry, Michael (1999), The Fragmentation of sentencing And Corrections in America, Washington DC: U.S Department of justice, Office of justice programs, National Institute of Justice.