Approaches to facing the moral challenges of Islamic criminal law

Articles in Press

Document Type : Original Article

Authors

• naseri zaker shooshtari ¹
• Husayn Naseri Muqaddam ²
• mohamad taghi fakhlaei ²

¹ PhD student in jurisprudence and basics of Islamic law, Ferdowsi University of Mashhad

² Professor of Ferdowsi University of Mashhad

10.22067/jfiqh.2022.73853.1234

Abstract

Explanation of the issue: Criminal sentences are part of the body of Islamic law. In the new world, some claim that some of these rulings are contrary to moral standards, such as: execution of an apostate, harsh punishment methods, filth and oath, retaliation against the mother, etc. In the face of this issue, we see three main approaches: defense Atmosphere and justification; Critic and reformist; Ethics. The first group basically denies the existence of any challenge in these cases and considers the Shari'a rulings in accordance with religious ethics. The second group, by accepting the principle of challenge, makes corrections in these cases. But the ethical approach, while emphasizing the need for the Shari'a to conform to moral propositions and norms, believes in fundamental changes in the principles of criminal law. The authors believe that in cases where a criminal sentence is in conflict with rationality and collective conscience, a moral proposition takes precedence; Therefore, it is necessary to re-read some of the criminal sentences in the light of moral and rational principles.

Purpose: The ultimate goal of this paper is to provide a practical solution to resolve the differences between some criminal sentences with moral standards and make them more social.

Method: The method of this research is a critical analysis considering its interdisciplinary nature and external view. The main theme of the discussions is related to the philosophy of jurisprudence and law, philosophy of ethics and epistemology.

Keywords

• Normative ethics
• Islamic Criminal System
• Criminal sentences
• Criminal Justice
• The philosophy of criminal jurisprudence

Main Subjects

• Philosophy of jurisprudence

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