Comparative study of extreme crimes in the jurisprudence of Fariqin

Document Type : Specialized scientific

10.22034/pf2.2024.100525

Abstract

In predicting and guaranteeing criminal executions, according to the variety of different crimes of criminals and the difference in the circumstances of committing the crime, different types and amounts of punishments should be used. In the criminal policy of Islam, with the legislation of fixed and definite punishments (qasas, diat and hudud) and indefinite and flexible punishments (tazirat), this qualitative diversity and quantitative fluctuation can be seen well. Especially in the case of women, the variety of punishments can be seen in an interesting way. Among them, diversity in terms of determining the type and determination of the amount and the lack of determination and determination, which is very meaningful from the point of view of the philosophy of punishments and indicates wisdom in this criminal policy. The existence of strong differences of jurisprudential opinions regarding various aspects of Hudud and Tazirat requires further research in this field. Hudud in Fiqh al-Furiqin has rulings and conditions that have similarities and differences. The purpose of the current research is to explain and compare some issues of Hudud from the perspective of Fariqin jurisprudence, which has been completed with the descriptive-analytical research method.

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