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European Online Journal of Natural and Social Sciences: Proceedings

Sharing Islamic punishment criteria (based on jurisprudence)

Seyed Mahmoud Mir-Khalili, Reza Shokri

Abstract


The recognition of sharing Islamic punishment criteria is based on understanding the basic and Islamic law criterion, which is basis of mischief disposal Islamic law. Attracting human interest criteria and mentioned criterion is the basis of canonization of all decrees including the Islamic punishment so that it can be human's benevolence-oriented. Mercy and attracting interest to men, and disposal of mischief, refining and purification of the offender and excommunication from crime, consideration of proportionality between the losses and punishment based on  punishment  proportionality with  damage to the victim due to the severity of the injury and social benefits  as well as the importance of committed crime by considering the proportionality with crime and personality characteristics of offender and the victim's fault are criteria that in canonization of punishment have been considered of legislator.


Keywords


Islam, punishment, criterion, sharing punishment

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