List of Articles Punishment

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  1 - Murder and Typification of the forgiveness (A Case Study of Guilan)
   
  Main purpose this research is “Typification of the forgiveness based on inductive strategy”. In this strategy, the interviewees perception about the forgivness by interpretivism approach have been investigated. This research has been with qualitative method and purp More

  Main purpose this research is “Typification of the forgiveness based on inductive strategy”. In this strategy, the interviewees perception about the forgivness by interpretivism approach have been investigated. This research has been with qualitative method and purposive sampling, and individual and group (Focus group) interviews. According to the logic of theoretical saturation, twenty seven individually and three group were interviewed. Then researcher analyzed interviews with method thematic analyze. Overall,the findings indicates that there are two general type of forgiveness.The first is self- oriented forgiveness and the second is other- oriented forgiveness . In the first part exist various species such as: Forgiveness oppositions, forgiveness supporters, replaced forgiveness and intent - oriented forgiveness. Other-oriented forgiveness can observe types three: forgivenes oppositions, reluctantly Forgiveness and intent-oriented forgiveness. People reacted to the murder of their close relatives to criminal calculate and assess the benefits of forgiveness and revenge, and then act.Based on the research findings the forgivness is time and space, because it depend to the position of the offender or the victim and the time between the crime and punishment Manuscript profile
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  2 - Exemption from punishment in Islamic jurisprudence between ethical, educational and legal interactions
    mahmood malmir  
  20.1001.1.23833279.1399.10.39.3.5
  One of the criminological aims of the criminal is to target social reform and train the offender, in addition to reducing the effects of crime. Experience has also shown that it is more than just the size and weight of the upper body that has the unpleasant consequences More

  One of the criminological aims of the criminal is to target social reform and train the offender, in addition to reducing the effects of crime. Experience has also shown that it is more than just the size and weight of the upper body that has the unpleasant consequences of unnecessary, unnecessary, unnecessary consequences. Therefore, the criminal justice system, by adopting an auspicious penal policy in light crimes, in addition to reducing the density of criminal cases, increasing the time of judges to handle more precise cases, reducing the number of criminal cases, reducing the burden on the government. And refusing to be labeled in the first place has been ethical and educational orientation and social reform. In this descriptive-analytic article, we discuss what constitutes impunity in Islamic jurisprudence and Islamic law and its relation to ethics and personal education and social reform Manuscript profile
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  3 - Moral and jurisprudential analysis of the punishment of innate apostate
  adel asghrpoortoloay rahim vakilzadh
  20.1001.1.23833279.1399.10.40.2.6
  Innate apostasy is one of the crimes that, if proven, is punishable by particular punishments in the criminal system of Islam. The question arises as to whether in the true sense of innate apostasy, being Muslim parents of an apostate is enough. Or, in addition to it, More

  Innate apostasy is one of the crimes that, if proven, is punishable by particular punishments in the criminal system of Islam. The question arises as to whether in the true sense of innate apostasy, being Muslim parents of an apostate is enough. Or, in addition to it, is it necessary to fully describe Islam for the person after puberty and the revelation of disbelief later on? In this article, we describe the role of defining and describing Islam for an apostate and the role of repentance in it with a descriptive-analytical approach. The results show that in addition to being Muslim parents of an apostate, the continuity of their being Muslim and the description of Islam and its provisions for a person during puberty are among the conditions for the realization of innate apostasy. Also, with regard to the question of whether the punishment of an apostate is in conflict with freedom of thought and the freedom of accepting religion, we have come to the conclusion that what is described as an apostate’s punishment is in cases that the enemy and disagreeing apostate seeks to destroy society and its scientific environment and violate the rights of others, instead of using logical reasoning and scientific methods Manuscript profile
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  4 - Status of Upbringing Children in Shi’a Jurisprudence and Education System
  Mir Ahmad  Mousavi Aqdam Mohammad  Jaafari Harandi
  20.1001.1.23833279.1399.11.41.13.2
  Although the issue of upbringing and educating children falls within the scope of psychology and educational sciences, it cannot be understood in isolation from law and liability and based on the insights from jurisprudence sources, Family, society and government are re More

  Although the issue of upbringing and educating children falls within the scope of psychology and educational sciences, it cannot be understood in isolation from law and liability and based on the insights from jurisprudence sources, Family, society and government are responsible in this regard, Hence, it is felt that the study of such an issue cannot be confined to psychology and educational sciences and the science of jurisprudence should also address it. Due to such a necessity, the present paper seeks to elaborate on the concept of upbringing and its related terms and define the status of upbringing in Shi’a jurisprudence and education system. The study concludes that although encouragement, playing and respect are generally considered better than punishment, sometimes punishment and correction with specific mechanisms may even be more effective and result in the improvement of wrong deed and at least prevent the re- occurrence of crime and abnormality. Manuscript profile
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  5 - Alignment of jurisprudence and ethics with the assumption of observing the limits in corporal punishment of children
  Sadegh  Fani Maleki Ahmad mirkhalili
  20.1001.1.23833279.1400.11.44.7.6
  According to the jurisprudential sources, the principle of corporal punishment of children has been prescribed and according to this, the legislator of the Islamic Republic of Iran, in Article 1179 of the Civil Code, has accepted the corporal punishment of children by t More

  According to the jurisprudential sources, the principle of corporal punishment of children has been prescribed and according to this, the legislator of the Islamic Republic of Iran, in Article 1179 of the Civil Code, has accepted the corporal punishment of children by their parents. At first glance, it is thought that corporal punishment of a child is a behavior contrary to moral standards, and this jurisprudential ruling is in conflict with moral principles. The purpose of this study is to correct this basic view and to prove the principle of permissibility of corporal punishment of children from two perspectives of jurisprudence and ethics and to determine its permissible scope, to prove the non-confrontation of jurisprudence and ethics in this field. That is, corporal punishment in jurisprudence on the one hand is limited to its amount, type and severity, and on the other hand, the age of the child, the position and motivation of the discipline are also considered as permissible limits, and by observing these restrictions, not the ruling It is not permissible in jurisprudence to oppose the principles of ethics, but it is completely in harmony with it. Manuscript profile
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  6 - Explaining the moral value view of complementary and secondary punishments
  Zakiye Ebrahimzadeh Ahmad Bagheri Esmaiel  Rahimi Nejad
  20.1001.1.23833279.1401.13.49.15.4
  Moral values are those behaviors that play a role in the development of pure human nature. It is clear that the constitution of Islam, which is derived from the revelation, has the best position to achieve this goal. Matching moral values with inappropriate human behavi More

  Moral values are those behaviors that play a role in the development of pure human nature. It is clear that the constitution of Islam, which is derived from the revelation, has the best position to achieve this goal. Matching moral values with inappropriate human behaviors; That is, crime and punishment is the subject of this article, which the author tried to present the solutions for the realization of moral values in secondary and supplementary punishment by examining the goals of punishment and the principles governing punishment. The result of this article is that in Islam, according to the expedients it considers, in addition to the main punishment, supplementary and secondary punishments are considered to punish the criminal, and these punishments are subordinate to the main punishments. are considered The difference between these two types of punishment is that in supplementary punishment, the judge is free to apply them, while in secondary punishment, he has no authority and the punishment is specified in the court order. This article seeks to answer the question of what is the basis of moral values in supplementary and consequential punishments with analytical-ijtihad method and using library sources. Considering the goals of punishment in Islam and Quranic documents, Sunnah, the general evidence of punishment and the general principles governing punishment, it can be said that the realization of moral values in supplementary and secondary punishments is achieved when these general conditions such as "proportion of crime and punishment" , deterrence of punishment, compensation of loss, implementation of justice and human dignity" should be considered in the secondary and supplementary punishments. Manuscript profile
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  7 - Investigating the approach and ethical role of the media in preventing emotionalism in determining punishment
  Javadollah  Ghadami Shahrdad  Darabi Sayed Mahmood  MirKhalili
  Mass media's representation of crime، deviance، and disorder is one of the constant causes of concern at the community level. Because it causes fear and anxiety in the society. However، this traditional role of the media in representing norm-breaking events can be resto More

  Mass media's representation of crime، deviance، and disorder is one of the constant causes of concern at the community level. Because it causes fear and anxiety in the society. However، this traditional role of the media in representing norm-breaking events can be restored according to some media-oriented theories such as the magic bullet theory and the theory of highlighting and selective writing، and it can play the role of a tool that also has crime prevention training. And also، a control tool on the emotions and inflammations of society after committing a crime. The current research، with an analytical-descriptive method based on library data، tries to achieve this goal، to what extent the media can moderate and control the inflammation and emotionalism caused by committing a crime، and against this role in determining the punishment of the effective offender. be realized the findings of this research show that the media can control the inflammatory atmosphere created in the society with the insinuations they give to the audience in their headlines and texts، and they can control the criminal justice system from a kind of common sense. release a criminal offense. Anyway، this research investigates the different roles of the media in feedback by representing the crime and also reconstructing or depicting the face of the criminal and finally examines this process in determining the punishment. Manuscript profile