Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Rule-Selection in Punitive Principles of Fiqh

Document Type : Original Article

Authors
1 Ph.D Student, Kharazmi University, Tehran, Iran. (Corresponding Author)
2 Associate Professor, Shahid Motahari University, Tehran, Iran.
10.22034/jccj.2024.413352.1350
Abstract
The jurist, in the process of jurisprudential research in sources and evidence, engages in selecting general propositions containing legal rulings that are capable of adapting to various cases and scenarios. This can be referred to as rule selection. The valuable book "Jawahir al-Kalam" written by Muhammad Hassan Najafi is one of the significant works in jurisprudence that addresses jurisprudential issues found in the book "Sharayi' al-Islam fi Masa'il al-Halal wal Haram" by the scholar Helli. In this book, these issues are subjected to jurisprudential analysis and investigation. Besides problem-centered research, the author of "Jawahir" has selected certain principles of jurisprudence and aligned his perspective with established rules in some subjects. His discussions on penal matters also reflect this approach.

In this text, the process of selecting and substantiating certain topics is presented within the framework of some jurisprudential rules. The rules include: Laysa fil hudoodi nazirah, Man shahara sayfan fadamo hu hadar, Tudra'u al-hudooda bilshubuhaat, Al-Islam yajabbu maa qablahu, and La kafaalata fil hudoodi. These rules have been approached through careful consideration in documenting discussions based on the methodology of rule selection and documentation of topics according to jurisprudential rules in the book "Jawahir al-Kalam".
Keywords

Volume 5, Issue 4
Autumn 2025
Pages 37-50

  • Receive Date 20 January 2025
  • Revise Date 12 April 2025
  • Accept Date 16 May 2025
  • Publish Date 22 December 2025