Tolerance in Proving Hudud (prescribed religious punishments) as a Foundation in Islamic Penal Law

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KARACHIAN SANI FATEMEH; Sadri Sayyed Mohammad; BAGHERI AHMAD; JAMSHIDI RAD MOHAMMAD SADEGH; Amir Pour Heydar

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Journal: Fiqh va Usul Year:2021 | Volume:53 | Issue:1 (124) Page(s): 117-139

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Title

Tolerance in Proving Hudud (prescribed religious punishments) as a Foundation in Islamic Penal Law

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Keywords

PunishmentQ2

toleranceQ2

principle of toleranceQ1

Islamic criminal jurisprudenceQ1

Abstract

If Islamic Punishments are looked at ostensibly, it may seem that Islamic criminal jurisprudence has adopted a rough and harsh approach towards the wrongdoers; however, by reinvestigating the teachings of Quran, narrations and Islamic jurisprudence one may infer the principle of tolerance in the Islamic criminal system which is a foundation and rule in the stages of discovering, investigating, proving and issuance of judgment. The present study, through an analytical-descriptive method, seeks to prove the existence of the principle of tolerance in the Islamic criminal jurisprudence and examine how it affects criminal jurisprudence. The advice to repentance and restraining from confession, not imposing Hudud (prescribed religious Punishments) in cases of doubt and the necessity of multiple confessions and witnesses in proving a crime are clear manifestations of the principle of tolerance in Islamic Punishments which indicate the approach of Islam in protecting human dignity on the one hand and encouraging to hide the crimes, decriminalization and depenalization on the other. This principle is not limited to Hudud and may be a foundation of Islamic criminal law and involve other religious Punishments. Proving and analyzing the above said principle results in removing ambiguity and responding to the current challenges in the Islamic criminal law.

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APA: Copy

KARACHIAN SANI, FATEMEH, Sadri, Sayyed Mohammad, BAGHERI, AHMAD, JAMSHIDI RAD, MOHAMMAD SADEGH, & Amir Pour, Heydar. (2021). Tolerance in Proving Hudud (prescribed religious punishments) as a Foundation in Islamic Penal Law. QURANIC & HADITH STUDIES, 53(1 (124) ), 117-139. SID. https://sid.ir/paper/391382/en

Vancouver: Copy

KARACHIAN SANI FATEMEH, Sadri Sayyed Mohammad, BAGHERI AHMAD, JAMSHIDI RAD MOHAMMAD SADEGH, Amir Pour Heydar. Tolerance in Proving Hudud (prescribed religious punishments) as a Foundation in Islamic Penal Law. QURANIC & HADITH STUDIES[Internet]. 2021;53(1 (124) ):117-139. Available from: https://sid.ir/paper/391382/en

IEEE: Copy

FATEMEH KARACHIAN SANI, Sayyed Mohammad Sadri, AHMAD BAGHERI, MOHAMMAD SADEGH JAMSHIDI RAD, and Heydar Amir Pour, “Tolerance in Proving Hudud (prescribed religious punishments) as a Foundation in Islamic Penal Law,” QURANIC & HADITH STUDIES, vol. 53, no. 1 (124) , pp. 117–139, 2021, [Online]. Available: https://sid.ir/paper/391382/en

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