Investigating and Criticizing the Death Penalty for Ta’zir Crimes Known as “Ka’baer Companions”
Document Type : Original Article
Authors
1 Assistant Professor of the Department of Fiqh and Islamic Law Foundations at Imam Sadiq(a.s) University, Tehran, Iran
2 PhD Student of the Department of Fiqh and Islamic Law Foundations at Imam Sadiq(a.s) University, Tehran, Iran
Abstract
According to Article (136) of the Islamic Penal Code (1392), Imamieh jurists and Iranian lawmakers consider the death penalty to be punished in the fourth degree if executed for the first three times, but the repetition of the punishment only intensifies the punishment. He knows. Contrary to this, the Imamite scholars are known to have executed some of the ta'zir offenses, but not all of them, in the third or fourth degree (imam), as the companions of the Ka'baer. The jurisprudential documentary of this quote is also the correct narration of Younis Abdul Rahman of the Seventh Imam who states: "Companions of Al-Qa'arah of the whole, therefore, against Al-Hudud Mertin, the murderer of al-Tha'il". The jurists have sentenced to third or fourth degree executions by extending the narrative of the Haddad offenses to recurrent cases of ta'zir offenses. According to the writers, this famous ruling of the jurisprudents contradicts the penal code such as the principle of temperance, the principle of the right to life, the rule of ta'zir al-don al-Hadd, and some of the documentary and bribery challenges, and thus the death penalty documented in this jurisprudence, It won't be legitimate.
Keywords
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Volume 8, Issue 1 - Serial Number 15
March 2020Pages 117-134
- Receive Date: 09 May 2019
- Revise Date: 31 October 2019
- Accept Date: 03 December 2019