As implied in the heading of this research, we intend to investigate and analyze the capital punishment as a taâzir (Islamic penalty) from shiâite jurisprudence perspective. Indeed, in spite of legislative facts and regardless of acceptance of such penalties in our countryâs enacted laws, we merely concern to analyze its legal and juristic permission or non-permission. In this paper, comparing the Islamic penalty (taâzir) with other legal penalties, considering the philosophy of laying down of Islamic penalty (taâzir), regarding to some rules dominated the criminal jurisprudence and also with the assistance of principles of jurisprudence, we have answered the negative response to the mentioned question. We believe that enforcement of execution as Islamic penalty (taâzir) conflicts with legal hindrance, and breaches the main purpose of lawmaker in laying down and legislation of Islamic penalties.
Habibzadeh, M., & Alipour, A. (2013). The prohibition of capital punishment as aIslamic penalty (taâzir) in the shiâite jurisprudence. Journal of Studies in Islamic Law & Jurisprudence, 5(9), 43-66. doi: 10.22075/feqh.2017.1903
MLA
M.J. Habibzadeh; A. Alipour. "The prohibition of capital punishment as aIslamic penalty (taâzir) in the shiâite jurisprudence", Journal of Studies in Islamic Law & Jurisprudence, 5, 9, 2013, 43-66. doi: 10.22075/feqh.2017.1903
HARVARD
Habibzadeh, M., Alipour, A. (2013). 'The prohibition of capital punishment as aIslamic penalty (taâzir) in the shiâite jurisprudence', Journal of Studies in Islamic Law & Jurisprudence, 5(9), pp. 43-66. doi: 10.22075/feqh.2017.1903
VANCOUVER
Habibzadeh, M., Alipour, A. The prohibition of capital punishment as aIslamic penalty (taâzir) in the shiâite jurisprudence. Journal of Studies in Islamic Law & Jurisprudence, 2013; 5(9): 43-66. doi: 10.22075/feqh.2017.1903
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