نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
In Islamic jurisprudence, two interconnected issues related to the multiplicity of crimes have been raised: first, the determination of punishment, and second, the order of execution of penalties. Many studies have been conducted regarding the first issue, but the latter has been largely overlooked and has not been sufficiently addressed. Therefore, examining the order of punishment execution and the principles governing it in Imāmī and Ḥanafī jurisprudence is one of the main objectives of this research. The findings of this study, conducted using a descriptive-analytical method, indicate that in Imāmī jurisprudence (absolutely) and in Ḥanafī jurisprudence (with the acceptance of exceptions), the order of punishment execution is justified in light of three general principles. First, the principle of the necessity of executing all punishments. Second, the principle of prioritizing the rights of individuals over the rights of God. Third, the principle of the immediate execution of punishments pertaining to the rights of God. Thus, if all punishments are for the rights of God, the principle is to execute all of them, unless it is not possible to carry out all of them. In such cases, punishments are executed first that do not interfere with the execution of other punishments. This principle also applies to the execution order for the rights of individuals. However, in the case of combining punishments for the rights of God and the rights of individuals, if the punishments can be combined, in Imāmī jurisprudence, according to the principle of immediate execution of punishments for the rights of God, the punishments for the rights of God are executed first. If they cannot be combined (conflict between the punishments for the rights of God and the rights of individuals), the principle is to prioritize the punishments for the rights of individuals over the rights of God. In Ḥanafī jurisprudence, in both cases, punishments for the rights of individuals take precedence over the rights of God.
کلیدواژهها English
