Document Type : Original Article
Author
Department of Law, Islamabad West Branch, Islamic Azad University, Islamabad West, Iran.
10.22067/jfiqh.2024.86782.1740
Abstract
One of the punishments determined in the religion of Islam is Zeghth. This punishment, which is actually a substitute punishment, is the punishment of a criminal who is unable to bear the original punishment due to illness. Therefore, his main punishment becomes a lighter punishment.In Iran's criminal law, according to the Imamiya jurisprudence, the punishment of Zeghth has been accepted. However, its conditions and nature are unclear.Therefore, in order to understand them, it is necessary to refer to the jurisprudence.The purpose of the current research is to determine the nature and conditions of Zeghth punishment in Imami jurisprudence, which was done with a descriptive-analytical method.
The findings of the research show that there are two narratives about the crime that requires Zeghth in the jurists. Of course, they cannot be seen as two opposite views. Some jurists, especially the advanced ones, in their works have mentioned Zeghth in the book of adultery as one of the types of punishments for adultery. On the other hand, recent jurists consider Zeghth punishments to be valid in addition to adultery in other crimes that require had and ta'ziri crimes. The reasons for the latter point of view, which seems to be correct, is that, firstly, what caused the adulterer's punishment to be flogged is "disease". Therefore, in other crimes, whenever there is such a reason, it can be used in general. Secondly, in Ta'ziri punishments, it is possible to infer the priority of Zeghth by analogy.
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