List of Articles Punishment

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  1 - Murder and Typification of the forgiveness (A Case Study of Guilan)
   
  Main purpose this research is “Typification of the forgiveness based on inductive strategy”. In this strategy, the interviewees perception about the forgivness by interpretivism approach have been investigated. This research has been with qualitative method and purp More

  Main purpose this research is “Typification of the forgiveness based on inductive strategy”. In this strategy, the interviewees perception about the forgivness by interpretivism approach have been investigated. This research has been with qualitative method and purposive sampling, and individual and group (Focus group) interviews. According to the logic of theoretical saturation, twenty seven individually and three group were interviewed. Then researcher analyzed interviews with method thematic analyze. Overall,the findings indicates that there are two general type of forgiveness.The first is self- oriented forgiveness and the second is other- oriented forgiveness . In the first part exist various species such as: Forgiveness oppositions, forgiveness supporters, replaced forgiveness and intent - oriented forgiveness. Other-oriented forgiveness can observe types three: forgivenes oppositions, reluctantly Forgiveness and intent-oriented forgiveness. People reacted to the murder of their close relatives to criminal calculate and assess the benefits of forgiveness and revenge, and then act.Based on the research findings the forgivness is time and space, because it depend to the position of the offender or the victim and the time between the crime and punishment Manuscript profile
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  2 - Exemption from punishment in Islamic jurisprudence between ethical, educational and legal interactions
    mahmood malmir  
  One of the criminological aims of the criminal is to target social reform and train the offender, in addition to reducing the effects of crime. Experience has also shown that it is more than just the size and weight of the upper body that has the unpleasant consequences More

  One of the criminological aims of the criminal is to target social reform and train the offender, in addition to reducing the effects of crime. Experience has also shown that it is more than just the size and weight of the upper body that has the unpleasant consequences of unnecessary, unnecessary, unnecessary consequences. Therefore, the criminal justice system, by adopting an auspicious penal policy in light crimes, in addition to reducing the density of criminal cases, increasing the time of judges to handle more precise cases, reducing the number of criminal cases, reducing the burden on the government. And refusing to be labeled in the first place has been ethical and educational orientation and social reform. In this descriptive-analytic article, we discuss what constitutes impunity in Islamic jurisprudence and Islamic law and its relation to ethics and personal education and social reform Manuscript profile
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  3 - Moral and jurisprudential analysis of the punishment of innate apostate
  adel asghrpoortoloay rahim vakilzadh
  Innate apostasy is one of the crimes that, if proven, is punishable by particular punishments in the criminal system of Islam. The question arises as to whether in the true sense of innate apostasy, being Muslim parents of an apostate is enough. Or, in addition to it, More

  Innate apostasy is one of the crimes that, if proven, is punishable by particular punishments in the criminal system of Islam. The question arises as to whether in the true sense of innate apostasy, being Muslim parents of an apostate is enough. Or, in addition to it, is it necessary to fully describe Islam for the person after puberty and the revelation of disbelief later on? In this article, we describe the role of defining and describing Islam for an apostate and the role of repentance in it with a descriptive-analytical approach. The results show that in addition to being Muslim parents of an apostate, the continuity of their being Muslim and the description of Islam and its provisions for a person during puberty are among the conditions for the realization of innate apostasy. Also, with regard to the question of whether the punishment of an apostate is in conflict with freedom of thought and the freedom of accepting religion, we have come to the conclusion that what is described as an apostate’s punishment is in cases that the enemy and disagreeing apostate seeks to destroy society and its scientific environment and violate the rights of others, instead of using logical reasoning and scientific methods Manuscript profile
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  4 - Status of Upbringing Children in Shi’a Jurisprudence and Education System
  Mir Ahmad  Mousavi Aqdam Mohammad  Jaafari Harandi
  Although the issue of upbringing and educating children falls within the scope of psychology and educational sciences, it cannot be understood in isolation from law and liability and based on the insights from jurisprudence sources, Family, society and government are re More

  Although the issue of upbringing and educating children falls within the scope of psychology and educational sciences, it cannot be understood in isolation from law and liability and based on the insights from jurisprudence sources, Family, society and government are responsible in this regard, Hence, it is felt that the study of such an issue cannot be confined to psychology and educational sciences and the science of jurisprudence should also address it. Due to such a necessity, the present paper seeks to elaborate on the concept of upbringing and its related terms and define the status of upbringing in Shi’a jurisprudence and education system. The study concludes that although encouragement, playing and respect are generally considered better than punishment, sometimes punishment and correction with specific mechanisms may even be more effective and result in the improvement of wrong deed and at least prevent the re- occurrence of crime and abnormality. Manuscript profile
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  5 - Alignment of jurisprudence and ethics with the assumption of observing the limits in corporal punishment of children
  Sadegh  Fani Maleki Ahmad mirkhalili
  According to the jurisprudential sources, the principle of corporal punishment of children has been prescribed and according to this, the legislator of the Islamic Republic of Iran, in Article 1179 of the Civil Code, has accepted the corporal punishment of children by t More

  According to the jurisprudential sources, the principle of corporal punishment of children has been prescribed and according to this, the legislator of the Islamic Republic of Iran, in Article 1179 of the Civil Code, has accepted the corporal punishment of children by their parents. At first glance, it is thought that corporal punishment of a child is a behavior contrary to moral standards, and this jurisprudential ruling is in conflict with moral principles. The purpose of this study is to correct this basic view and to prove the principle of permissibility of corporal punishment of children from two perspectives of jurisprudence and ethics and to determine its permissible scope, to prove the non-confrontation of jurisprudence and ethics in this field. That is, corporal punishment in jurisprudence on the one hand is limited to its amount, type and severity, and on the other hand, the age of the child, the position and motivation of the discipline are also considered as permissible limits, and by observing these restrictions, not the ruling It is not permissible in jurisprudence to oppose the principles of ethics, but it is completely in harmony with it. Manuscript profile
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  6 - Comparative study of the goals of punishment in the beliefs and beliefs of customary law and Islamic teachings
  Amir Vatani Amir hasan niaz poor Farzad Askari
  In general, the purpose of punishment is to punish the criminal law of intimidating, punishing, reforming, disabling, restorative justice, and satisfying the offender. In this study, based on Qur'anic verses, narrations and hadiths, we have proved that the purpose of Is More

  In general, the purpose of punishment is to punish the criminal law of intimidating, punishing, reforming, disabling, restorative justice, and satisfying the offender. In this study, based on Qur'anic verses, narrations and hadiths, we have proved that the purpose of Islam is from punishment The perpetrators are nothing more than the above objectives, with the difference that the goals of Islam are more general and more extensive than the legitimate aims of the law. Islam, in addition to worldly goals that are in accordance with the goals of modern legal or criminal law, There are other goals as the afterlife goals, which is the welfare of mankind in the hereafter. Therefore, considering that God considers in his own words the expediency of society and the people, in his decrees the interest of the worldly and the future of the people has been considered. So if there was a profit in punishment, but at a certain time and place it would be a loss for profit and its implementation would not be expedient. It can no longer be the purpose of the Lord, while it is true that the punishment has lost the goals of the Lord. However, the worldly goals of punishing criminals from the point of view of Sharia and Islam are in most cases with customary and criminal law It is in harmony with the worldly happiness of mankind, except for the bliss of the afterlife, So, as long as it is punishable by the fact that it is profitable, and if, once it benefits to a corruptor or causes the worship of Islam and does not result in the above objectives, it can no longer be considered by God, otherwise The face is not compatible with God's righteousness. Manuscript profile
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  7 - Comparative Review of Criminalization of Female Circumcision in African Countries
  Seyed Reza Ehsanpour
  Female genital mutilation, sometimes referred to as female circumcision, is defined by the World Health Organization as "any act, including removing all or parts of the external area of women’s genitals or other injuries to this organ without medical justification." The More

  Female genital mutilation, sometimes referred to as female circumcision, is defined by the World Health Organization as "any act, including removing all or parts of the external area of women’s genitals or other injuries to this organ without medical justification." The female circumcision has a history of over two thousand years. Some historians attribute this to ancient Egypt circa 500 BCE. In regards to circumcision, it has been noted that it may result in loss of sexual urges and preserving chastity, but even with those assumptions the terrible effects cannot be overlooked. Female circumcision is a form of sexual violence recognized by various international organizations such as the United Nations as a harmful act and a violation of women’s rights. Today, at least two hundred million women and girls are affected in 28 African countries and parts of Asia. To counter this evil phenomenon, many African countries have joined international treaties (such as Convention on the Rights of the Child) or regional ones (such as the African Charter of the Rights and Child Welfare); secondly, they have criminalized this exercise and even being an accessory to it. However, traditional customs are a fundamental obstacle to eliminating this wrong behavior in Africa. Manuscript profile
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  8 - The Measures of Reacting to Pedophiles in Offenses against Children; Punishment or Treatment?
  amir samavati pirouz hassan bigdeli
  Pedophilia is one of the paraphilic mental disorders and is one of the groups of child abuse in heterosexual, homosexual and bisexual pedophiles. This disease is caused by a person's emotions and imagination. One of the best ways to identify pedophiles is to examine the More

  Pedophilia is one of the paraphilic mental disorders and is one of the groups of child abuse in heterosexual, homosexual and bisexual pedophiles. This disease is caused by a person's emotions and imagination. One of the best ways to identify pedophiles is to examine the person's instinctive reactions to audio and video stimuli related to children. The results of this research, based on descriptive-analytical method and using library tools, include that there is no definite and acceptable treatment for this disease, and that the measures proposed by experts include drug treatment and creating impotence. These measures are very effective in preventing crime because a pedophile, like other criminals, initially investigates the cost of the crime, and if he closes the government sponsors the act and can hide behind the mask of a patient, commits the crime. However, high penalties can be a serious deterrent to crime prevention. In Iran, according to recent cases and in accordance with Islamic jurisprudence, the perpetrators of these crimes, along with having elements constituting a crime, have considered class punishments in such a way that the legislator in articles of the law criminalizes acts against children and It has considered the punishment of imprisonment and flogging, and in other articles, it has considered a heavier punishment in case of sexual offenses such as intercrural sex and tribadism, and a much higher punishment in case of adultery and sodomy. Manuscript profile
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  9 - A Study of Mudarres Zunūzī’s View of the Theory of Interrupting the Divine Punishment based on the Ideas of Ibn ‘Arabī and Mullā Ṣadrā
  Hamidreza  Khademi Reza Hesari
  The eternity of divine punishment is among the important eschatological problems and discussions in philosophy and gnosis. Ibn ‘Arabī and Mullā Ṣadrā’s scrutiny and analysis of this problem attracted the attention of several Muslim thinkers to this subject in later time More

  The eternity of divine punishment is among the important eschatological problems and discussions in philosophy and gnosis. Ibn ‘Arabī and Mullā Ṣadrā’s scrutiny and analysis of this problem attracted the attention of several Muslim thinkers to this subject in later times. Among them, Āqā ‘Alī Mudarres Zunūzī was one of the advocates of the theory of sinners’ eternal punishment in hell. In his glosses on al-Asfār, he adduced three arguments for this theory including the direct reference of some Qur’anīc verses to the eternity of punishment, the absence of any defense against divine punishment, and the concomitance of Man’s free will with eternal punishment. Zunūzī does not agree with the ḥadīth that Mullā Ṣadrā cites in order to demonstrate the interruption of punishment. However, in this paper the authors demonstrate that his criticism of Mullā Ṣadrā’s view is unfounded. Therefore, it can be said that the arguments adduced by some philosophers and gnostics in defense of the interruption of punishment are complete and can rationally justify this problem. Manuscript profile
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  10 - Explaining the moral value view of complementary and secondary punishments
  Zakiye Ebrahimzadeh Ahmad Bagheri Esmaiel  Rahimi Nejad
  Moral values are those behaviors that play a role in the development of pure human nature. It is clear that the constitution of Islam, which is derived from the revelation, has the best position to achieve this goal. Matching moral values with inappropriate human behavi More

  Moral values are those behaviors that play a role in the development of pure human nature. It is clear that the constitution of Islam, which is derived from the revelation, has the best position to achieve this goal. Matching moral values with inappropriate human behaviors; That is, crime and punishment is the subject of this article, which the author tried to present the solutions for the realization of moral values in secondary and supplementary punishment by examining the goals of punishment and the principles governing punishment. The result of this article is that in Islam, according to the expedients it considers, in addition to the main punishment, supplementary and secondary punishments are considered to punish the criminal, and these punishments are subordinate to the main punishments. are considered The difference between these two types of punishment is that in supplementary punishment, the judge is free to apply them, while in secondary punishment, he has no authority and the punishment is specified in the court order. This article seeks to answer the question of what is the basis of moral values in supplementary and consequential punishments with analytical-ijtihad method and using library sources. Considering the goals of punishment in Islam and Quranic documents, Sunnah, the general evidence of punishment and the general principles governing punishment, it can be said that the realization of moral values in supplementary and secondary punishments is achieved when these general conditions such as "proportion of crime and punishment" , deterrence of punishment, compensation of loss, implementation of justice and human dignity" should be considered in the secondary and supplementary punishments. Manuscript profile
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  11 - Analysis Of The Sociological Differences Of Prison From The Perspective Of Durkheim And Foucault
  Mehrdad  Ghani Alireza  Mohammad Beyki
  The punishment of prison as the most obvious form of deprivation of freedom has always been discussed and disputed.Despite the positive functions of the prison, such as the ability to reform and subjugate criminals, throughout history, and due to the consequences it h More

  The punishment of prison as the most obvious form of deprivation of freedom has always been discussed and disputed.Despite the positive functions of the prison, such as the ability to reform and subjugate criminals, throughout history, and due to the consequences it has left in the society, it has sometimes been criticized and disagreed with.Especially in modern society and the emergence of theorists in favor of reducing punishments such as imprisonment, the processing of this issue has gained strength. In this article, the differences of prison sociology from the perspective of Emile Durkheim and Michel Foucault were analyzed What is clear is the agreement of the two theorists regarding the positive functions of the prison in order to reduce crimes and prevent crime in the society, and the same is the reason for the continuation of the prison, but what is the point of disagreement is the acceptance of administrativeization and rationality in the punishment process. It is possible that Durkheim has addressed the issue more fully in this aspect and has accepted this issue. Although it emphasizes the emotional aspect of punishment more. But if we pay attention to Foucault's theory, which is a rational attitude, we will not see anything from emotional and moral aspects in it. In his description, Foucault focuses on closed institutions, especially prisons.He explains how correctional techniques and crime techniques. They consciously affect the penal systems. Foucault's statement is a description of the introduction of technology and the administrative process of the criminal realm. In his description of the prison, he ignores its social meaning, which can be understood through public opinion, and sees it as a technical institution. Manuscript profile
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  12 - A comparative study of preventive approaches to giving false testimony from the perspective of ethics, Imami jurisprudence and Iranian and Egyptian law
  Seyyed Mohammad  Ebrahimi Mohammad Rasul  Ahangaran Seyyed Abolghasem  Naghibi
  Testimony as a tool and one of the common arguments in proving a claim, has an important place in Imami jurisprudence and Iranian and Egyptian law. Therefore, in order to prevent it from the plague of hypocrisy, it is necessary to take measures in the two a priori and p More

  Testimony as a tool and one of the common arguments in proving a claim, has an important place in Imami jurisprudence and Iranian and Egyptian law. Therefore, in order to prevent it from the plague of hypocrisy, it is necessary to take measures in the two a priori and pre-occurrence areas, ie not to commit the crime of coercion and the posterior area, and after the occurrence of the crime, ie the treatment area.In this article, in the field of a priori and action, the approaches of ethics and justice in jurisprudence and law of Iran and Egypt are examined and he believes that paying attention to justice in the witness as an internal police is an element preventing the commission of martyrdom and using a moral guarantee factor. It is considered as force in preventing martyrdom. In the field of retroactive and reactionary measures, while dealing with various punishments, the use of the punishment of tashhir, which is one of the characteristics of jurisprudence, has been specified as a basic and main measure to prevent the recurrence of the crime of forced martyrdom. Community Verified icon. Manuscript profile
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  13 - Investigating the approach and ethical role of the media in preventing emotionalism in determining punishment
  Javadollah  Ghadami Shahrdad  Darabi Sayed Mahmood  MirKhalili
  Mass media's representation of crime، deviance، and disorder is one of the constant causes of concern at the community level. Because it causes fear and anxiety in the society. However، this traditional role of the media in representing norm-breaking events can be resto More

  Mass media's representation of crime، deviance، and disorder is one of the constant causes of concern at the community level. Because it causes fear and anxiety in the society. However، this traditional role of the media in representing norm-breaking events can be restored according to some media-oriented theories such as the magic bullet theory and the theory of highlighting and selective writing، and it can play the role of a tool that also has crime prevention training. And also، a control tool on the emotions and inflammations of society after committing a crime. The current research، with an analytical-descriptive method based on library data، tries to achieve this goal، to what extent the media can moderate and control the inflammation and emotionalism caused by committing a crime، and against this role in determining the punishment of the effective offender. be realized the findings of this research show that the media can control the inflammatory atmosphere created in the society with the insinuations they give to the audience in their headlines and texts، and they can control the criminal justice system from a kind of common sense. release a criminal offense. Anyway، this research investigates the different roles of the media in feedback by representing the crime and also reconstructing or depicting the face of the criminal and finally examines this process in determining the punishment. Manuscript profile