Dependency of Justice in Ta'zir Punishment on The Fundamentals of Crime Commitment

SUBJECT & OBJECTIVES: ‘Idālah (justice) in executing punishment against offenders must correspond with the circumstances of the crime and the offender at the time of commitment. Simultaneously with the determination and operationalization of punishments for various crimes, it is essential to consider all aspects of the criminals’ situation. Given that Islam seeks to uphold justice in all affairs, this study's primary objective is to propose solutions for implementing justice for offenders.METHOD & FINDING: Using an analytical-descriptive method, this study found that punishing all offenders solely based on a general law, without considering external factors of the crime and the criminal, including the individual's personality and social-psychological factors, is considered a crime itself, constituting another form of injustice.CONCLUSION: Rather than finding what the punishment for a specific crime is, we should inquire who the offenders are, what their level of education is, where they were raised, and the quality of their biological, neurological, and psychological conditions simultaneously at the time of committing the crime. Examining all aspects of the crimes and offenders, a just decree will be issued.

کلیدواژه ها:

Justice in Punishment ، Ta'zīr (discretionary) ، punishments ، crime ، 'Afw (amnesty)