Authors

• M.J. Habibzadeh
• A. Alipour

Abstract

As implied in the heading of this research, we intend to investigate and analyze the capital punishment as a ta’zir (Islamic penalty) from shi’ite jurisprudence perspective. Indeed, in spite of legislative facts and regardless of acceptance of such penalties in our country’s enacted laws, we merely concern to analyze its legal and juristic permission or non-permission. In this paper, comparing the Islamic penalty (ta’zir) with other legal penalties, considering the philosophy of laying down of Islamic penalty (ta’zir), 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 (ta’zir) conflicts with legal hindrance, and breaches the main purpose of lawmaker in laying down and legislation of Islamic penalties.

Keywords

• capital punishment
• Islamic penalty (ta’zir) correcting the criminal