The Nature of Discretionary Punishment and its Scope in the Point of Imam Khomeini and Contemporary Jurists
Document Type : Original Article
Author
Abstract
According to the right of election and option that is given by the god to the human, every time the obliged man could be obedient or rebellious. All the governments have attempted to prevent form human guilty and misdemeanor and if they commit a crime, punish them.
In the general, penalties are divided in two categories; definite andindefinite. The aim of Islam is to have justice government in the land and it is one of important religious obligation in order to challenge to the guilt and preventing form indefinite penalties called discretionary punishment as well as determine definite penalties such as prescribed punishments, retaliation and blood–money in its rules.
Two points are important in the discussion of discretionary punishment and jurists have two different opinions about it: is the nature of discretionary punishment confined to the whip and there isn't possible to have monetary penalty? What is the scope of discretionary punishment? Can governor use discretionary punishment for every sin?
This article aims to answer to two questions from imam khomeini's point of view and clarify the foundations of his ideas make it possible to having contrast to the other jurists' views, especially contemporary ones
Keywords
برای مشاهده اصل مقاله به صورت کامل، بر روی لینک "اصل مقاله" در بالای صفحه کلیک کنید
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Volume 3, Issue 6 - Serial Number 6
March 2015Pages 101-121
- Receive Date: 03 September 2013
- Revise Date: 16 November 2014
- Accept Date: 12 March 2015