mohammad reza mousavifard; hadis zofaghari
Abstract
From the beginning of its existence, the penal system of Islamic law has provided a series of definite and indefinite punishments that should be used as an executive guarantee in the ...
Read More
From the beginning of its existence, the penal system of Islamic law has provided a series of definite and indefinite punishments that should be used as an executive guarantee in the Islamic government. As we know, the task of hudud is practically clear according to what is mentioned in the book, but on the contrary, in the system of indefinite punishments, we come to the concept of ta'zir, which in Islam refers to the Islamic ruler to govern society, he can according to the requirements Time and place should deal with them, which in some cases, causes ta'zir as a punishment to undergo many changes and we see many theories in jurisprudential and even legal sources in this regard and its quality.Due to the nature of the subject of Islamic criminology, the present study was conducted in terms of gathering information by documentary method and by studying valid scientific sources in the field of criminal law and Islamic criminology and the obtained information is analyzed descriptively-analytically. Is located.In this research approach, seeking to find a suitable answer about the philosophy and roots of punishments in Islamic law and its functions from the perspective of Islamic criminological teachings, this research has a advantage over its predecessor works (which has been used a lot). First, like other academic classics, he did not look at the use of ta'zir in the laws of the subject. Second, as new research findings, some of the approaches in the field of Islamic criminology have been incorporated.
