Justification of community punishments' exercising on the basis of hierarchy of reactions

Document Type : Research Paper

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Abstract

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.

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References

  1. Bottoms, Anthony; Rex, Sue; Robinson, Gwen (2004). "Alternatives to prison;Options for an insecure society", First publication, London: Willan Publishing.
  2.  Brownlee, Ian (1998). "Community Punishment A Critical Introduction", First edition, London: Longman.
  3.  Donnelley, R.R (2007). "Report of the review of community penalties", The Scottish Government: Edinburgh, www.Scotland.gov.uk.
  4.  Easton, Susan; Piper, Christine (2005). "Sentencing and punishment the quest for justice", New York: Oxford university press.
  5.  Mason, Tom (2000). "Care and management in the community", In: Behavior, crime and legal process a guide for forensic practitioners, New York: Wiley Press.
  6.  Scott, David (2008). "Penology", First publication, London: Sage publications.
  7.  Singh, shanta (2002). "Community based sentences: Alternatives to short-term imprisonment". Master of Arts Dissertation. University of South Africa.
  8.  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.

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