STUDYING HAD AND TA’ZIR WHICH STAND IN THE SAME CONFIRMATION RELATIONSHIPS BY ANALYZING SHAHID THANI’S STATEMENTS IN MASALEK

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IZADIFARD ALI AKBAR; HOSSEIN NEJAD SEYYED MOJTABA

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Journal: Islamic jurisprudence Resaerch Year:2015 | Volume:11 | Issue:2 Page(s): 229-258

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Information Journal Paper

Title

STUDYING HAD AND TA’ZIR WHICH STAND IN THE SAME CONFIRMATION RELATIONSHIPS BY ANALYZING SHAHID THANI’S STATEMENTS IN MASALEK

Author(s)

IZADIFARD ALI AKBAR | HOSSEIN NEJAD SEYYED MOJTABA | Issue Writer Certificate

Keywords

HADQ2

TA’ZIRQ2

SAME CONFIRMATION RELATIONSHIPS BETWEEN HAD AND TA’ZIRQ2

LENIENCY IN SENTENCEQ2

MASALEKQ2

SHAHID THANIQ2

Abstract

It must be understood that some sins, namely those actions that are or are felt to be highly reprehensible or immoral acts considered to be transgression against divine law, such as a fasting man who has coitus with his wife during period of the blessed month of Ramadan have the punishment of doubt to be either HAD or TA’ZIR, since on one hand, these punishments are decreed and predestined for certain crimes, and on the other hand, many Jurisprudents believe that those who commit these acts deserved to be punished with TA’ZIR. Since determining whether these sins are HAD or TA’ZIR can lead to substantial effects such as impermissibility to intercede in HUDUD, lack of bail or guardianship, lack of swear in HUDUD and many other ones related to HUDUD and TA’ZIR, it is necessary to determine whether the above-mentioned penalties are considered as HAD or TA’ZIR? Studying the detailed nature of both HAD and TA’ZIR, the authors finally came to the conclusion that considering many traditions expressing the contrast between HAD and TA’ZIR -HAD is limited to pre-destined punishments and TA’ZIR is limited to non-pre-destined punishments- these are classified as HAD punishments. If there is any doubt that whether HAD or TA’ZIR is to be administrated, as many Jurisprudents believe in TA’ZIR, the lenient in the sentence can be used for both HAD and TA’ZIR crimes due to the form of punishment which is based on extenuation, connivance, renouncement and respect the sanctity of Muslim blood.

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APA: Copy

IZADIFARD, ALI AKBAR, & HOSSEIN NEJAD, SEYYED MOJTABA. (2015). STUDYING HAD AND TA’ZIR WHICH STAND IN THE SAME CONFIRMATION RELATIONSHIPS BY ANALYZING SHAHID THANI’S STATEMENTS IN MASALEK. ISLAMIC JURISPRUDENCE RESEARCH, 11(2), 229-258. SID. https://sid.ir/paper/221008/en

Vancouver: Copy

IZADIFARD ALI AKBAR, HOSSEIN NEJAD SEYYED MOJTABA. STUDYING HAD AND TA’ZIR WHICH STAND IN THE SAME CONFIRMATION RELATIONSHIPS BY ANALYZING SHAHID THANI’S STATEMENTS IN MASALEK. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2015;11(2):229-258. Available from: https://sid.ir/paper/221008/en

IEEE: Copy

ALI AKBAR IZADIFARD, and SEYYED MOJTABA HOSSEIN NEJAD, “STUDYING HAD AND TA’ZIR WHICH STAND IN THE SAME CONFIRMATION RELATIONSHIPS BY ANALYZING SHAHID THANI’S STATEMENTS IN MASALEK,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 11, no. 2, pp. 229–258, 2015, [Online]. Available: https://sid.ir/paper/221008/en

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