عنوان مقاله [English]
نویسندگان [English]چکیده [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 criminal policy is demonstrated. The present study using a descriptive–analytical method, has examined the matter and has found out the judge should "observe" the hierarchy of reactions and His movement for Selection of the most advisable reaction should be from the most soft reactions to the most severe ones. This, in itself sometimes necessitates Selection of community punishments. Therefore, in situations that necessity of hierarchy's observance necessitating the selection of the community punishment, it is illegitimate to exercise another reaction.