Evaluation of Imprisonment Punishment Substitutions in Shia Jurisprudence

Seyed Amir Hashemi, Seyed Ebrahim Hosseini

Abstract


Prisoning is one of the typical punishments in the retribution regulations especially in Islamic republic of Iran for some of commitments to treat and avoid wrong doers. Prisoning although is preventive to some extend and it is influential, there are some harms for it- learning other crimes by the criminal in prison- of what is called as the crime university. At the present time one of the serious problems in the Iranian society is the entrance of thousands of people to prison due to crimes commitment. Also the prisoner personality damaging and his family and forcing costs to society and prison, the living problem for the prisoner family due to losing job and emersion of contagious illnesses and other negative effect are considered of these type of punishments problems. According to this basis and Iran Islamic retribution law principals and Shia jurisprudence, prison is not accepted in Islam as it is usual in the human daily world because Islam not only regard prison in most cases unbeneficial, rather it has realized it damaging. According to the samples and examples of punishment in retribution we see that lashing punishment is more than imprisonment. So according to the imprisonment identity and based on the definite jurisprudence idea (Discretionary as it deems ruling) that referred to the authority and benefit consideration in the ruler view in punishment, hence prison is omissible and it could be changed to cash punishment and deprivation from some social rights and other cases. The discussion method in this research is descriptive and analytical by the use of jurisprudence and legal sources.


Keywords


crime, prison abnormalities, prison substitution.

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