Abstract
The question whether repetition of discretionary capital punishment is legitimized or not is a newly raised problem in the realm of fiqh and criminal law. Discretionary capital punishment is among those punishments which bring oneâs life to an end and is determined by the judge. Repetition of discretionary capital punishment can be discussed where a criminal is sentenced to discretionary capital punishment, all preliminary actions of capital punishment are actualized, the judgment, i.e., capital punishment, is definitely and doubtlessly executed, and the forensic scientist has confirmed his death declaring that he has no sign of life but the criminal returns unexpectedly to life without there being any deliberation, breach, or neglect in the execution or confirmation. There are two views whether or not execution of capital punishment can legitimately be repeated.The main achievement of the present research is that even if discretionary capital punishment could be justified by juristic essentials, repetition of discretionary capital punishment would not be supported religiously or legally. On the contrary, such religious proofs as the rule of repelling punishments because of dubieties, the principle of observing manâs dignity, and the rule of preserving bloods prove its illegitimacy.
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