THE LAW OF

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HASHEMI S.M.A.

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Journal: FEQH-E AHL-E-BAIT Year:2009 | Volume:15 | Issue:57 Page(s): 178-222

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Information Journal Paper

Title

THE LAW OF "DISCRETIONARY PUNISHMENT BEING LOWER THAN LEGAL PUNISHMENT"

Author(s)

HASHEMI S.M.A. | Issue Writer Certificate

Keywords

DISCRETIONARY PUNISHMENTQ2

LEGAL PUNISHMENTQ2

LOWER THAN LEGAL PUNISHMENTQ3

Abstract

The law of DISCRETIONARY PUNISHMENT being lower than LEGAL PUNISHMENT is one of the most famous laws in Shiite jurisprudence that is really functional in Islamic penal jurisprudence. This law is basically based on tradition and narrations from which this rule can be deduced. Some narrations directly mention that DISCRETIONARY PUNISHMENT is lower than LEGAL PUNISHMENT. Others present certain amount for DISCRETIONARY PUNISHMENT which is lower than LEGAL PUNISHMENT. Some other narrations deny LEGAL PUNISHMENT for some particular acts and instead suggest DISCRETIONARY PUNISHMENT for that. Although there are disputes over these narrations, they all share one thing: the law of DISCRETIONARY PUNISHMENT is lower than LEGAL PUNISHMENT.In order to interpret this law, some issues have been taken into account. Some jurists define eighty lashes of standard LEGAL PUNISHMENT for a free man and forty lashes for a slave. Others believe that DISCRETIONARY PUNISHMENT should be relevant. For instance, in acts which can be compared to "false accusation of adultery", the standard LEGAL PUNISHMENT is as mentioned above. However, some others suggest seventy five lashes as the standard LEGAL PUNISHMENT. This essay reviews various attitudes and presents a theory.There are some cases in Shiite jurisprudence that DISCRETIONARY PUNISHMENT has been the assigned as LEGAL PUNISHMENT and the author reviews whether this matter is an exception to this law or not. The final part of the essay is the relation between this law and the Islamic penal law.

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APA: Copy

HASHEMI, S.M.A.. (2009). THE LAW OF "DISCRETIONARY PUNISHMENT BEING LOWER THAN LEGAL PUNISHMENT". FEQH-E AHL-E-BAIT, 15(57), 178-222. SID. https://sid.ir/paper/90850/en

Vancouver: Copy

HASHEMI S.M.A.. THE LAW OF "DISCRETIONARY PUNISHMENT BEING LOWER THAN LEGAL PUNISHMENT". FEQH-E AHL-E-BAIT[Internet]. 2009;15(57):178-222. Available from: https://sid.ir/paper/90850/en

IEEE: Copy

S.M.A. HASHEMI, “THE LAW OF "DISCRETIONARY PUNISHMENT BEING LOWER THAN LEGAL PUNISHMENT",” FEQH-E AHL-E-BAIT, vol. 15, no. 57, pp. 178–222, 2009, [Online]. Available: https://sid.ir/paper/90850/en

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