نوع مقاله : مقاله پژوهشی
نویسنده
مدیر گروه حقوق جزا دانشگاه قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
Criminal policy includes criminal and non-criminal responses to crime. In Islamic criminal policy, there are responses that differ significantly from other responses in that they require the intention of approaching God. The clear and unique example of these responses is expiation.However, these types of responses are individual responses that the offender is required to carry out. Now, can the Islamic government use responses that require the intention of proximity as Ta'ziri punishments in response to crime? The present article attempts to discuss the possibility of using these types of responses as religious punishments in the sphere of Islamic criminal policy, using a descriptive-analytical method and using jurisprudential sources. The findings indicate that despite reasons such as the necessity of having the intention of nearness in worship and the impossibility of ascertaining and measuring it in such punishments, the cultivation and promotion of the spirit of show and hypocrisy, and the impermissibility of using religion as a tool, which negate the permissibility of using these punishments, other evidence can be used to justify their use. Evidence such as taking a model from atonements, the greater efficiency and effectiveness of such crimes, especially their corrective and educational effect, etc. By evaluating the aforementioned evidence and the nature of such responses, it is possible to present the theory that if the offender consents and these responses are proportionate to the crime, it is possible to use them as a supplementary punishment
کلیدواژهها [English]