Philosophy of Punishment in Islam; A combination of retrospective and futuristic

Subject Areas : Nameh Elahiyat

fatemeh jabbari ¹ , ahmad baqeri ² , Younes Wahed Yarijan ³

1 - PhD student in Islamic jurisprudence and basics at Islamic Azad University, North Tehran Branch
2 - Professor, University of Tehran
3 - Assistant Professor Islamic Azad University, North Tehran Branch

Received: 2020-11-07 Accepted : 2020-11-07 Published : 2019-10-23

Keywords: Islam, Retrospective, Philosophy of punishment, futuristic, dual combination,

Abstract :

A penal system can be discussed and examined naturally, considering its goals and philosophy. In the penal policy of Islam, there is a variety of punishments, which include retribution, limits, punishments and vows, and each of them has been legislated with a specific logic. For example, retribution can be considered as a punishment based on the victim and punishments can be considered as a way to implement the principle of individualization of punishments and compliance with the requirements of time and place. In contrast, punishments can be considered as crime based on protecting the moral and religious foundations of society. Can be considered as repairing the damage done to the victim. Various theories have been proposed so far about the philosophy of punishment, including retrospective and futuristic views, in which the first approach justifies punishment for achieving its future purpose and beneficial results, and the second approach to the error committed by the offender. It can be considered as a reduction of crimes, rehabilitation and correction, but the Islamic view on rational and moral justification of punishment is a more basic view and this view governs the entire Islamic penal system and all punishments, including limits, retribution and punishments can be justified according to this theory. This theory of justice and entitlement on the one hand to achieve the desired individual and social effects and results on the other hand has been considered at a very deep and realistic level. In this article, we try to explain the retrospective and futuristic views by analyzing and interpreting the philosophy and purpose of punishment in Islam, and express the effects and characteristics of each, and prove by argument and mentioning examples of limits, retribution, punishments and even diyat that Islam Tor Kibi is from these two perspectives and has its own characteristics.punishmentˈpəniSHməntTranslations of punishmentNounFrequencyمجازاتpunishment, penalty, retribution, reprimandتنبیهpunishment, chastisement, talking to, gruellingسزاreward, punishment, retribution, remuneration, requitalتادیبdiscipline, correction, punishment, crackdownگوشمالیrebuke, punishment, scourgeاجرreward, wage, remuneration, award, defrayal, punishmentDefinitions of punishmentNoun1the infliction or imposition of a penalty as retribution for an offense.crime demands just punishmentSynonyms:chastisingchastisementpenalizingpunishingdiscipliningretributiondamnationExamples of punishmentyour machine can take a fair amount of punishment before falling to pieces5 more examplesSynonyms of punishmentNounchastisingpenalizingcomeuppancechastisementpenaltybatteringmaltreatment44 more synonyms