Optional or Mandatory Selection of Punishments for Mohareb from the Perspective of Imamiyya Jurisprudence

Javanbakht, Mohamad; Rezaei, Rahmatallah

doi:10.22034/jccj.2024.386836.1204

Optional or Mandatory Selection of Punishments for Mohareb from the Perspective of Imamiyya Jurisprudence

Document Type : Original Article

Authors

Mohamad Javanbakht ¹

Rahmatallah Rezaei ²

¹ PhD Student, Department of Criminal Law and Criminology, Gorgan Branch, Islamic Azad University, Gorgan, Iran.

² Assistant Professor, Department of Law, Faculty of Humanities, Payam Noor University, Tehran, Iran. (Corresponding Author)

10.22034/jccj.2024.386836.1204

Abstract

Muharibeh is a severe punishment that is emphasized in the Qur'an and the legislator has also criminalized it according to the Holy Sharia. The types of punishments that are considered for Muharibeh in the verse are separated from each other, which has caused a difference between Imami jurists; A group has taken the promise of absolute discretion and others have believed in Mandatory Selection of Punishments in proportion to the effects and harmful results of the committed behavior and considered the judge to be obliged to diversify. In articles 282 and 283 of the Islamic Law, the Iranian legislator has determined the four punishments and given the absolute authority to the judge in choosing each of the mentioned punishments and has not specified the exact criteria for the selection. Therefore, the present research collects the opinions of Imamiyya jurists on the subject through a descriptive-analytical method and finally reaches the conclusion that Optional or Mandatory Selection of Punishments for Mohareb is logical and in accordance with the principles and foundations of the Sharia and social needs.

Keywords

Muharribeh

Imami Jurisprudence

Punishment

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