نوع مقاله : علمی - پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق کیفری و جرمشناسی، دانشکده حقوق، دانشگاه تربیت مدرس، تهران، ایران
2 استاد گروه حقوق جزا و جرم شناسی دانشگاه تربیت مدرس
3 دانش‌آموخته دکتری حقوق کیفری و جرمشناسی دانشگاه فردوسی مشهد، مشهد، ایران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
In the famous jurisprudence books of jurists, corporal punishments are mentioned in the Mu'amalat. But these punishments, especially Ḥudūd and Qiṣāṣ, have always been treated like acts of worship. This means that they should be implemented at all times and places. This view is flawed in the light of a functionalist reading of Adillah Al-Arba’ah (Four Sources in Islamic Law). "Qurʾān" can be reconsidered by using the purposeful view and functionalist approach in corporal punishments. besides, in re-reading the "Sunnah", one should not neglect the authenticity of the narrations of the implementation of corporal punishment by the Prophet (PBUH). In addition, we should not forget his role as an “Islamic ruler” and naturally issuing rulings based on the social needs of the Land of Revelation. Moreover, about “Al-ʾIjmā”, apart from the fact that it is difficult to imagine Ijma' in socio-cultural issues such as punishment in the present day, The influence of past jurists on the conditions prevailing at the time of issuing the fatwa should not be simply rejected. Finally, about “'Aql”, it should be noted that this reason is next to the other three reasons, not during them, so the value of intellectual achievements is not less than the other three. Second, reason is not a static entity; Rather, it is dynamic and a discoverer of good and bad. As a result, if the human mind does not accept physical punishments, God also covers this human decision with the cloak of legitimacy.
کلیدواژه‌ها [English]
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