نوع مقاله : مقاله پژوهشی
عنوان مقاله [English]
Rajm which is one of the Islamic punishments undoubtedly is a juridical penalty and has so many Revayah which they are they are joint and have been related by Hadith collections in Islam and they are undeniable. Considering the Rajm as Hadd or Ta'zir is based on Islamic jurisprudent's ijtihads and we have no certain juridical evidence on that and there is no juridical prohibition for considering it as Hadd or Ta'zir and juridical governor can perform some special Ta'zir punishment on the basis of his assessment. One of the result of considering the Rajm as Ta'zir is that to not perform a special Ta'zir does not mean shutting down of some divine sentence.