The Possibility of Converting Punishments in the Islamic Penal System

Ali Ashraf Tahmasabi, Adel Sarikfani, Zahra Sarikhani


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.


Mandatory Fixed Punishment (Hadd); Primary Sentence; Secondary Sentence; Conflict in Execution; Higher Expediency

Full Text:



The Holy Quran.

-Arasta, Mohammad Javad, Recognizing the expediency of the system from a jurisprudential-legal point of view, Tehran, Young Thought Center, 1381.

-Amoli, Mirza Mohammad Taghi, Mesbah al-Hodi fi Sharh al-Uruwa al-Wothgha,.

-Al-Kolaini, al-Razi Muhammad bin Yaqub, Al-Asul al-Kafi,Tehran, Dar al-Kotob al-Islamiyya, 5th edition 1363.

-Al-Horr al-Ameli, Muhammad bin Al-Hassan, Vasael al-Shia, Beirut-Lebanon, Dar Al ahya al-Torath al-Arabi, 1388 AH, vol. 18.

-Al-Baruni, Isa Ayyub, financial control during the reign of the Prophet(PBUH) and the Caliphs of the Rashedin.

-Javadi Amoli, Abdullah, Sharia in the Mirror of Knowledge, Tehran, Raja Cultural Publishing Center, Maravi Press, 1372.

-Khoei, Seyyed Abulqasem, Basics of Compendium of Al-Manhaj, vol.3.

-David, Rene, Great contemporary legal systems, translated by Hossein Safaei, Mohammad Ashuri and Ezzatullah Iraqi, Tehran, Academic Publishing Center.

-Rashid al-Reza, Al-Manar, vol.7 , Dar al-Marafah, Beirut, Lebanon ,1337.

-Rezaei, Hassan, Fixed and Variable in Islamic Penal System, thesis for obtaining PHD in penal law and criminology, Tarbiat Modares University, Tehran, summer 2011.

-Soroush, Abdul Karim, Theoretical narrowness and expansion of Sharia, Tehran, Sarat Cultural Institute, 2013.

-Tabatabai, Mohammad Hossein, collection of essays, questions and answers, essays on ijtihad and Imitation in Islam and Shia,.

- Tahmasabi Nik, Ali Ashraf, stability and change in crimes and punishments, rewritten by Mohammad Ismail Begi, Publisher Jungle, 1389.

-Abdul Hossein, Sharafuddin, text and Ijtihad, .

-Qiyasi , Jalaluddin, Dehghan, Hamid, Khosrowshahi, Qadratullah, Comparative study of Islamic general criminal law and statutes , Volume 1( General principles) , Hozwa and University Research Institute, 3rd edition, 2019.

-Mojtahad Shabestri, Mohammad, Hermeneutics of the Book and the Sunnah, Tehran, New Design Publications, 2013.

-Mir Mohammad Sadeghi, Hossein, Crimes against property and ownership, 15th edition, Tehran, Mizan publishing house, autumn 2013,

-Muhammad Ibn Abi Bakr Ibn Qayyim, Al jawzi, Governance methods in Sharia policy, .

-Motahari, Morteza, Islam and time conditions, Vol. 2, 2017.

-Majlisi , Mohammad Baqir, Bihar Al-Anwar , Beirut, Lebanon, Al-Wafa Institute, vol. 10,.

-Makarem Shirazi , Nasser, article on the realm of Quranic knowledge and the value of our understanding of the Quran, Monthly magazine Marefat , vol. 5, second year, vol. 1, summer 1990.

-Katouzian, Nasser, Philosophy of Law, (Vol. 1), Tehran, publishing company, 1991.

-Nojoumian, Hossein, Fundamentals of Legislation and Procedure, Mashhad, Astan Quds Razavi Islamic -Research Foundation, 1974.

-Nawi, Mohi al-Din, Al-Majmoj Sharh al-Mohazzab ,Vol. 20 , Beirut-Lebanon, Dar al-Fikr,.

-Hashemi Shahroudi, Seyyed Mahmoud, Basics of Criminal Jurisprudence, Tehran, Mizan Publishing House, Judge's Publishing House, 1st edition, 1419 A.H.



  • There are currently no refbacks.

Copyright (c) 2024 International Journal of Multicultural and Multireligious Understanding

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

International Journal of Multicultural and Multireligious Understanding (IJMMU) ISSN 2364-5369
Copyright © 2014-2018 IJMMU. All rights reserved.