The Possibility of Converting Punishments in the Islamic Penal System

Abstract

The full implementation of Islamic limits and punishments depends on the readiness of suitable grounds and conditions in the Islamic society, such as the formation of an Islamic government and the formation of social, political, economic, legal, judicial and penal systems and the absence of domestic and international obstacles. The permissibility of the execution of Hudud in the Age of Absence by the jurist Jame al-Sharai't does not mean insisting on the constant and unquestioning implementation of these punishments in all times and places; Rather, if the background and social conditions necessary for the implementation of Hudud punishments are not favorable, due to the mal effects that is created by their execution, it will be converted into proportionate punitive punishments as a secondary sentence. Like the verdict of stoning and apostasy, which cannot be implemented in the current conditions of the society. The change and conversion of maximum punishments will be done in three axes, firstly: change in the execution method, such as changing stoning to execution. Secondly: Substitution of lesser punishments, instead of maximum punishments, such as reducing one hundred lashes to less than that; Thirdly: Converting a limit punishment to a taziri punishment, such as turning amputation into imprisonment.It seems that the maximum punishments in the above three axes can be converted into proportionate punishments.