Analytical-Critical Reassessment of the Concept of Execution and Cancellation of had (Prescribed Punishment)

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KHODAYAR HOSSEIN; NOBAHAR RAHIM

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Journal: CRIMINAL LAW RESEARCH Year:2019 | Volume:7 | Issue:25 Page(s): 265-297

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Information Journal Paper

Title

Analytical-Critical Reassessment of the Concept of Execution and Cancellation of had (Prescribed Punishment)

Author(s)

KHODAYAR HOSSEIN | NOBAHAR RAHIM | Issue Writer Certificate

Keywords

Execution of Prescribed Punishments

Cancellation of Prescribed Punishments

Holy Features of Prescribed Punishments

criminal abolition

Abstract

In some hadith, the Execution of Prescribed Punishments (hodoud) is considered a source of blessing for society. In the traditional view, these hadith bestow sanctity on prescribed punishments, rendering them inflexible. Moreover, other hadith that condemn the Cancellation of Prescribed Punishments have contributed to a rigid interpretation of their legality, leading to their unconditional execution. Taking an analytical-critical approach, this article suggests that the concept of had might in actuality refer to all divine rules and laws of sharia, not merely prescribed punishment. As such, the aforementioned hadith might be suggesting that all divine rules and laws of sharia shall be executed systematically. In this case, the application of these hadith is not limited to prescribed punishments, and no differentiation should be made between discretionary punishments (ta’ zirat) and prescribed punishments. The aim of those hadith that condemn the Cancellation of Prescribed Punishments may not be to make them inflexible, but rather to preserve the justice process and to prevent unjustified discrimination in the execution of punishments. It is too far from the wisdom and mercy of the Holy Lawmaker to emphasize implementation of a few specific punishments among all His laws to the exclusion of other laws and non-prescribed punishments.

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APA: Copy

KHODAYAR, HOSSEIN, & NOBAHAR, RAHIM. (2019). Analytical-Critical Reassessment of the Concept of Execution and Cancellation of had (Prescribed Punishment). CRIMINAL LAW RESEARCH, 7(25 ), 265-297. SID. https://sid.ir/paper/266653/en

Vancouver: Copy

KHODAYAR HOSSEIN, NOBAHAR RAHIM. Analytical-Critical Reassessment of the Concept of Execution and Cancellation of had (Prescribed Punishment). CRIMINAL LAW RESEARCH[Internet]. 2019;7(25 ):265-297. Available from: https://sid.ir/paper/266653/en

IEEE: Copy

HOSSEIN KHODAYAR, and RAHIM NOBAHAR, “Analytical-Critical Reassessment of the Concept of Execution and Cancellation of had (Prescribed Punishment),” CRIMINAL LAW RESEARCH, vol. 7, no. 25 , pp. 265–297, 2019, [Online]. Available: https://sid.ir/paper/266653/en

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