Authors
1
PhD student, Department of Law, Hamadan Branch, Islamic Azad University, Hamadan, Iran.
2
Assistant Professor, Department of Law, Hamedan Branch, Islamic Azad University, Hamedan, Iran.
10.22034/jgeoq.2024.127959.1375
Abstract
The present study was carried out with the aim of applying jurisprudential rulings of crimes leading to death in the Hanbali and Shafi'i schools of thought and its application to relevant laws of Iran with the approach of mitigating the punishment with a descriptive-adaptive method. This research investigated cases of retribution, types of extreme crimes, sexual crimes, crimes against religion and social security, and execution in repeat crimes. The results show that the jurisprudential rulings of crimes warranting death in the Shafi'i and Hanbali religions, as well as in the articles of the Islamic Penal Code, have many similarities, but there are also differences in some cases. For example, in all three, the punishment of taking life is considered for crimes such as adultery, adultery, adultery, corruption of the earth, and crimes that are known as intentional crimes against the soul and human life. The differences that can be seen in the two religions and the criminal law are often the difference in the number of crimes punishable by death and the difference in the conditions and verification of crimes punishable by death. For example, in Iran's Islamic Penal Code, crimes such as drug trafficking, kidnapping, distortion of religion, abuse of power, and espionage are subject to death, while these crimes are not subject to death in Shafi'i and Hanbali jurisprudence. In some other crimes that require execution, the conditions and punishment of crimes in Iran's Islamic Penal Code are different from Shafi'i and Hanbali jurisprudence.
Keywords
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