Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Adultery and Human Dignity

Document Type : Original Article

Author
Assistant Professor, Department of Jurisprudence and Law, Faculty of Humanity, University of Shahed, Tehran, Iran.
Abstract
In this paper, the Islamic view of the principle of the implementation of punishment is expressed and then the components of human dignity in the punishment of adultery are discussed in two parts. First, the stage before the execution of Hadd, under which discussions such as why the punishment, the difficulty of conditions from the implementation of Hadd, the insistence of religious leaders on the lack of proof of the crime and the happiness of the Ali (PBUH) from the fall of Hadd, and then the stage of the implementation of Hadd and some of its characteristics Like Islam’s unpleasantness of observing the penalty scene, considering the dignity of the weak (the child resulting from adultery) in the process of punishment and finally imposing restrictions on the implementation (relative to the criminal's body and the time of execution) have been discussed.
Keywords

  • Receive Date 25 April 2021
  • Revise Date 28 May 2021
  • Accept Date 05 June 2021
  • Publish Date 22 June 2021