Studying the Qur'anic Foundations of the Theory of Instrumental View to Specific Punishments (Hudood) from the Viewpoint of Islamic Jurisprudence

Abstract

Certain punishments, which are called Hudood in the interpretations of Muslim jurists, are always faced with the debate that their legislation by the Holy Lawgiver is the main goal or they play the role of a tool. This means that these punishments are imposed by the criminal lawmaker as a "instrument" to pursue criminal goals. Muslim jurisprudential thinkers have always been in the two groups of supporters and opponents of “Instrumental view to punishments”, and this classification still exists today. In order to study this theory, this research was organized by adopting a independent research with descriptive analytical method and achieved the following results. From the point of view of Islamic jurisprudence, a large part of "certain punishments" are "instruments" to achive the society and the government to a greater goal. The proof of this theory has several reasons, such as, the Qur'anic foundations. Analytic study of the criminal verses of the Quran strengthened the belief that the Islamic legislative system is completely a purposeful system and by using wisdom and expediency in the way of legislation, it pursues high goals and to achieve those goals laws are made. We can infer purposefulness of Islamic criminal laws sometimes from the lens of "Being Optional" and sometimes from the appearances(Thavaher) in criminal verses.