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:: Volume 9, Issue 36 (winter 2019) ::
فصلنامه مطالعات تفسیری 2019, 9(36): 29-46 Back to browse issues page
The Proportion of Crime and Punishment on the Basis of Qisas Verses
Isa Alian, Mohammad Faker Meibodi
Islamic Azad University of tonekabon
Abstract:   (3379 Views)
The Holy Qur'an refers to the issue of the proportion of the crime with its punishment in the qisas verses: Baqara / 194, Showra / 40 and Ghafir / 40. Studying the verses in the commentaries of Islamic commentators shows that one penal principles of Islam lies in the necessity of acting on the principle of "proportionality of the crime with punishment", which is directly significant in Qisas of the soul and Qisas of the parts of body. The criminal laws of Islam are of revelatory source and based on anthropological, anthropological and theological foundations. The role of Islamic punishments is to preserve the balance of the individual and society through the preservation of unchangeable values. In determining Islamic punishments, such components as proportionality criteria between crime and punishment, the type of crime and personal characteristics of the offender, and the degree and type of victim's fault have been fully brought into consideration. Thus, the penalty`s goals such as punishment and reform of the offender, lead to public and private prevention and social defense. The study has been performed by studying the verses and jurisprudential traditions, discussed in the interpretative books and the analysis of the data. In this way, it has been shown that the criminal law of Islam lies in judging the right, justice, fairness and reverence for human beings, and Islamic punishments are proportionate to the crimes in the case of the Qisas verses.
Keywords: Jurisprudential Interpretation, Qisas Verses, Proportionality of Crime and Punishment.
Full-Text [PDF 274 kb]   (1632 Downloads)    
Type of Study: Research | Subject: Special
Received: 2017/10/17 | Accepted: 2018/06/14 | Published: 2019/03/16
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Alian I, Faker Meibodi M. The Proportion of Crime and Punishment on the Basis of Qisas Verses. فصلنامه مطالعات تفسیری 2019; 9 (36) :29-46
URL: http://tafsir.maaref.ac.ir/article-1-1197-en.html

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Volume 9, Issue 36 (winter 2019) Back to browse issues page
فصلنامه علمی مطالعات تفسیری Journal of The Holy Quran And Islamic Texts
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