The Proportion of Crime and Punishment on the Basis of Qisas Verses

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Alian Isa; Faker Meibodi Mohammad

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Journal: COMMENTARY STUDIES Year:2019 | Volume:9 | Issue:36 Page(s): 29-46

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Title

The Proportion of Crime and Punishment on the Basis of Qisas Verses

Author(s)

Alian Isa | Faker Meibodi Mohammad | Issue Writer Certificate

Keywords

Jurisprudential InterpretationQ1

Qisas VersesQ1

Proportionality of Crime and PunishmentQ1

Abstract

The Holy Qur'an refers to the issue of the proportion of the crime with its punishment in the Qisas Verses: Baqara / 194, Showra / 40 and Ghafir / 40. Studying the verses in the commentaries of Islamic commentators shows that one penal principles of Islam lies in the necessity of acting on the principle of "proportionality of the crime with punishment", which is directly significant in Qisas of the soul and Qisas of the parts of body. The criminal laws of Islam are of revelatory source and based on anthropological, anthropological and theological foundations. The role of Islamic punishments is to preserve the balance of the individual and society through the preservation of unchangeable values. In determining Islamic punishments, such components as proportionality criteria between crime and punishment, the type of crime and personal characteristics of the offender, and the degree and type of victim's fault have been fully brought into consideration. Thus, the penalty`s goals such as punishment and reform of the offender, lead to public and private prevention and social defense. The study has been performed by studying the verses and jurisprudential traditions, discussed in the interpretative books and the analysis of the data. In this way, it has been shown that the criminal law of Islam lies in judging the right, justice, fairness and reverence for human beings, and Islamic punishments are proportionate to the crimes in the case of the Qisas Verses.

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APA: Copy

Alian, Isa, & Faker Meibodi, Mohammad. (2019). The Proportion of Crime and Punishment on the Basis of Qisas Verses. COMMENTARY STUDIES, 9(36 ), 29-46. SID. https://sid.ir/paper/221728/en

Vancouver: Copy

Alian Isa, Faker Meibodi Mohammad. The Proportion of Crime and Punishment on the Basis of Qisas Verses. COMMENTARY STUDIES[Internet]. 2019;9(36 ):29-46. Available from: https://sid.ir/paper/221728/en

IEEE: Copy

Isa Alian, and Mohammad Faker Meibodi, “The Proportion of Crime and Punishment on the Basis of Qisas Verses,” COMMENTARY STUDIES, vol. 9, no. 36 , pp. 29–46, 2019, [Online]. Available: https://sid.ir/paper/221728/en

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