Feasibility Study of Utilization of Modern Criminal Institutions in Islamic Prescribed Punishments (Hodud)

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KHODAYAR HOSSEIN; NOBAHAR RAHIM

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Journal: JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH Year:2019 | Volume:6 | Issue:12 Page(s): 183-206

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Title

Feasibility Study of Utilization of Modern Criminal Institutions in Islamic Prescribed Punishments (Hodud)

Author(s)

KHODAYAR HOSSEIN | NOBAHAR RAHIM | Issue Writer Certificate

Keywords

Modern Criminal Entities

Prescribed Punishments (Hodud)

Cancellation of Had

Postponement of Had

Prohibition of Double Punishment

Abstract

In traditional view in Islamic jurisprudence, Prescribed Punishments (Hodud) are often understood as unchangeable and inflexible. This, in its turn, has led the modern criminal institutions not to be applied in prescribed punishments. Indeed, while Modern Criminal Entities are welcomed in discretionary punishments (Tazirat), they have been hardly welcomed in Hodud. The result has been a more differential system of punishment containing had and Tazir with different laws and rules. Having chosen an analytical-critical methodology, this paper shows that even inflexibility of prescribed punishments is not a cause for Modern Criminal Entities not to be applied in them. Reliance upon unconditionality (Itlaq) of the evidences related to prescribed punishments is not a sufficient and convincing argument to put prescribed punishments far from the modern entities. Also this paper shows that impermissibility of Postponement of Had and its cancelation, as insisted in religious texts, is not inconsistent with criminal concepts like deferment of judgement, suspension of punishment and Prohibition of Double Punishment.

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APA: Copy

KHODAYAR, HOSSEIN, & NOBAHAR, RAHIM. (2019). Feasibility Study of Utilization of Modern Criminal Institutions in Islamic Prescribed Punishments (Hodud). JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH, 6(12 ), 183-206. SID. https://sid.ir/paper/269750/en

Vancouver: Copy

KHODAYAR HOSSEIN, NOBAHAR RAHIM. Feasibility Study of Utilization of Modern Criminal Institutions in Islamic Prescribed Punishments (Hodud). JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH[Internet]. 2019;6(12 ):183-206. Available from: https://sid.ir/paper/269750/en

IEEE: Copy

HOSSEIN KHODAYAR, and RAHIM NOBAHAR, “Feasibility Study of Utilization of Modern Criminal Institutions in Islamic Prescribed Punishments (Hodud),” JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH, vol. 6, no. 12 , pp. 183–206, 2019, [Online]. Available: https://sid.ir/paper/269750/en

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