The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Symbolic greatness on Hadd punishments and its administrative barriers philosophical and sociological research

Authors
Abdoreza Jvanjafari Bojnordi 1
Sayyed Mohammad Javad Sadati 2
1 Ferdowsi University of Mashhad
2 Shahid Beheshti University
Abstract
  Islamic criminal policy has a various kind of punishment that each of them has different logic and purpose.  Hadd punishment is based on the criminal behavior and protect the social values for protect moral and social order. So this type of crimes, because of these are the most sever crimes, are punishable with the most severe punishment. Nevertheless, proof of this crime is too hard. Also, there are many drawbacks for use this criminal policy. So it is possible that they think there are conflicts. How it can be justified this conflict between severe punishment and emphasis on its implementation and then difficulty at the proof of these crime. Probably, sociological and philosophical thoughts can answer this question.
Keywords
hadd offences
hadd punishment
Criminal Policy
deterrence
philosophy of punishment
-Breathnach, Seamus (١٩٤١), Emile Durkheim on Crime and Punishment‬‬ ‫‪(An Exegesis).‬‬ ‫‪-Durkheim, Emile (١٩٨٤), The Division of Labor in Society , translated by‬‬ ‫‪W.D.‬‬ ‫‪-Durkheim, Emile(١٩٧ ), Selected Writing, translated and with introduction‬‬ ‫‪by Anthony Giddens.‬‬
-Garland, David (١٩٩٠), Frameworks of Inquiry in the Sociology of
Punishment, The British Journal of Sociology. -Gouda, Moamen(٢٠١٢), Stealing More is Better? Marginal Deterrence in Islamic Criminal Law of Theft, Philipps- University Marburg, preliminary draft. -Lukes Steven and Scull Andrew (١٩٨٣), Durkheim and the Law, Oxford Robertson. -Peters, Rudolph(٢٠٠٥), Crime and Punishment in Islamic Law, Cambridge Press.‬
www.makarem.ir :‫ ﭘﺎﻳﮕﺎه اﻃﻼﻋﺎﺗﻲ آﻳﻪاﷲ ﻣﻜﺎرم ﺷﻴﺮازی‬-
www.wikipedia.org :‫ ﭘﺎﻳﮕﺎه اﻃﻼﻋﺎﺗﻲ وﻳﻜﻲ ﭘﺪﻳﺎ‬-