Motaleat-e-Taghribi Mazaheb-e-Eslami (Proximity Studies of Islamic Denominations) (Foroughe Vahdat)

Motaleat-e-Taghribi Mazaheb-e-Eslami (Proximity Studies of Islamic Denominations) (Foroughe Vahdat)

Hodood (Panel laws) in Islamic sects’ jurisprudence, difficulty in prove, ‎facilitation in relinquishment, intensity in performance

Document Type : Research Paper

Authors
Mohammad Yousef Naseri Forg
Abdol Hamid Khosravi
Mohsen Nour Pour
Abstract
Hodood’s punishments with certain legal (Shar’ee) retributions, fixed, fairly extreme and with evident quality are legislated for breaking basic and agreeable values of lawgiver. The situations of these kinds of punishments are important because various verses of Qur’an emphasize on their benefits and profits of its performance. Despite emphasizing on their situation base on sources and Islam’s Grandees’ life, not only discovering and proving crimes became limited and difficult but also always emphasized on hiding crime and their insupportable. Even in limited cases that crime became proved; many obstacles appear that performance of punishment became difficult, tools such as repentance are examples for miscarried of Hodood. With paying attention to the subject we could scientifically and logically analyze this superficial opposition, at the first step the lawgiver with legislating dense punishments for breaking some basic values tried to show Hodood’s greatness and prevent these kinds of crimes. In the next step with emphasizing on this greatness and with a reformatory and training view to punishment and by controlling miss-effects of performing continually Hodood in society, limit proving the Haddi punishments. In other words these intensive punishments have symbolic functions for protecting values. Perhaps in limited cases, as the only possible solution that purposes of Haddi punishments would ascertain with them, Hodood’s punishments would become performable and criminals would become punished.
Keywords
Haddi (panel laws) punishments
the greatness of Hodood
performance of ‎Hodood
lawgiver’s values
philosophy of punishment‎