Intercession for Offenders in Had and Ta’zir Punishments
There are some religious narrations prohibiting one to intercede foroffenders in Hodud (specific religious punishments). These narrations haveoften been construed and interpreted categorically and specifically referredto Hodud in its idiomatic and narrow sense, i.e. specific religiouspunishments. Th...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2015-02-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
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| Online Access: | https://jclr.atu.ac.ir/article_733_bd63729ae50fdee616d2ad230542abd9.pdf |
| Summary: | There are some religious narrations prohibiting one to intercede foroffenders in Hodud (specific religious punishments). These narrations haveoften been construed and interpreted categorically and specifically referredto Hodud in its idiomatic and narrow sense, i.e. specific religiouspunishments. This understanding, in its turn, has led to form a differentialsystem of Had-Ta’zir. Through a critical study of the related narrations, theauthor concludes that the intercession in Had and Ta’zir is not as muchdifferent as it is understood in the traditional view. First, the prohibition ofintercession for criminals is not limited to those who have been convicted toHodud. Discriminatory and unwise intercession or the one which weakensthe certainty of punishment, are not acceptable- whether in Had or Ta’zirpunishment. Secondly, the prohibition of intercession for the offenders inHodud cases is not categorical. According to some evidences in the relatednarrations, it is allowed to intercede for wrongdoer provided that the casehas not been taken to the court yet; particularly when the case revolvesaround the right of people (rather than right of God) and the wrongdoer hasrepented and been corrected or the crime has been proved through theoffender’s confession |
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| ISSN: | 2345-3575 2476-6224 |