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the possibility of converting punishments in the islamic penal system
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نویسنده
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ashraf tahmasabi ali ,sarikfani adel ,sarikhani zahra
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منبع
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international journal of multicultural and multireligious understanding - 2024 - دوره : 11 - شماره : 2 - صفحه:120 -133
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چکیده
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The full implementation of islamic limits and punishments depends on the readiness of suitablegrounds and conditions in the islamic society, such as the formation of an islamic government and theformation of social, political, economic, legal, judicial and penal systems and the absence of domestic andinternational obstacles. the permissibility of the execution of hudud in the age of absence by the juristjame al-sharai't does not mean insisting on the constant and unquestioning implementation of thesepunishments in all times and places; rather, if the background and social conditions necessary for theimplementation of hudud punishments are not favorable, due to the mal effects that is created by theirexecution, it will be converted into proportionate punitive punishments as a secondary sentence. like theverdict of stoning and apostasy, which cannot be implemented in the current conditions of the society.the change and conversion of maximum punishments will be done in three axes, firstly: change in theexecution method, such as changing stoning to execution. secondly: substitution of lesser punishments,instead of maximum punishments, such as reducing one hundred lashes to less than that; thirdly:converting a limit punishment to a taziri punishment, such as turning amputation into imprisonment.it seems that the maximum punishments in the above three axes can be converted into proportionatep
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کلیدواژه
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mandatory fixed punishment (hadd) ,primary sentence ,secondary sentence ,conflict in execution ,higher expediency
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آدرس
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al-mustafa society (pbuh), iran, qom university, law faculty, iran, al-zahra society, iran
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پست الکترونیکی
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arikfani@gmail.com
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Authors
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