عنوان مقاله [English]
Multiplicity of crime as one of the general elements of exacerbation of punishment within the public criminal law has not been considered by the jurisprudents. The present study aims at analyzing the multiplicity of crimes and prescribed punishments from the perspective of five Islamic religions; since, the jurisprudents, instead of raising theoretical issues about public criminal law and extension of their personal views, have been mostly dealt with punishments prescribed by the divine legislator like prescribed punishments, retaliation, blood money, and sanctions. Since prescribed punishments are intrinsically pre-destined and decreed by God, in the case of multiple offenses by a single person they will be exempted from among the rules pertaining to exacerbation of punishment. Nonetheless, the jurisprudents, seeking the help of the rules stipulated within the principles of jurisprudence, such as the rules governing the multiplicity of causes and perpetrators in the case of a multiplicity of offenses that cause a prescribed punishment, whether with a different cause that necessitates prescribed punishments or with a different objective nature of the punishment for the offences that necessitates prescribed punishments, hold that the prescribed punishments must be consolidated. Considering the nature of prescribed punishments and the purpose of the divine legislator, it demands the same treatment by the Islamic jurisprudents. Although this approach may seem somewhat rigorous at first, if the modern human science understands the deep purposes of these punishments, perhaps it will become clear that the legislation of these rules by the divine legislator is the very mercy of God.