Individualizing punishments in light of honorable motivation

Articles in Press

Document Type : Original Article

Authors

1 PhD student in Criminal Law and Criminology, Semnan Branch, Islamic Azad University, Semnan, Iran

2 دانشیار فقه و مبانی حقوق اسلامی، واحد سمنان، دانشگاه آزاد اسلامی، سمنان، ایران (نویسنده مسؤول)

10.22075/feqh.2025.37085.4201

Abstract

By studying the jurisprudential principles and penal regulations of foreign countries and the Islamic country of Iran, the motive of the offender has been recognized as influential in committing a crime, criminal title, and determining a fair punishment. Some criminals commit the same crime with an honorable motive, while others commit the same crime with an evil and revengeful motive. Fairness and judicial justice require the judge to distinguish between the two in imposing punishment. In the customs of society, the imposition of punishment on a criminal depends on the degree of blame on the perpetrator. The greater the degree of blame, the more severe the punishment, and in some cases where the perpetrator has an honorable motive, this degree of blame reaches zero. On the other hand, the perpetrator may be praised and appreciated, and in this case, he is exempted from punishment. Individualizing punishment with an honorable motive has its roots in the criminal laws of most countries and common law, international regulations, jurisprudential texts, and is rooted in the conscience of fair-minded people. In order to issue a just and fair verdict in criminal courts, the judge must ascertain the motive of the offender.

Keywords

Journal of Studies in Islamic Law & Jurisprudence

Articles in Press, Corrected Proof
Available Online from 19 April 2025

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