نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
One of the criminal laws of the religion of Islam is retribution, which is meant to compensate for the effect of a criminal's crime. Retribution is in fact a punishment that inflicts death on them in proportion to the crime. The philosophy of retribution is one of the most important issues in this regard, which is always It has been a place of debate and opinion. The purpose of this article is a comparative study of deterrence of retribution in Imami jurisprudence and Iranian criminal law. This article is descriptive and analytical and has been investigated using the library method. The findings indicate that from a jurisprudential point of view, the legalization of retribution has been established to prevent blind revenge and far from justice and to prevent criminals from daring to kill or injure the public. In verse 179 of Surah Al-Baqarah, it is mentioned about the deterrence of retribution and It means that the killer's revenge committing murder and as a result other people survive. Deterrence is also mentioned in the legal texts as one of the goals of retribution. The main policy of the deterrence perspective is the threat of criminal punishment or its implementation to reduce the motivation for crime; It means using retribution punishment as a deterrent that prevents the criminal from repeating the crime and also generally reduces the motivation of others to commit the same crime.
کلیدواژهها English