University of Tabriz Jurisprudence and Islamic Law 28210891 6 10 2016 05 25 The Position of general deterrence in Ta’ziri punishments The Position of general deterrence in Ta’ziri punishments 1 27 4777 FA Godratollah Khosroshahi Assistant Professor, University of Isfahan Mohammad Mohaysen Aeedi L.L.M in Criminal law and Criminology Journal Article 2014 06 12 The purpose of punishment is to fight corruption and strengthen the foundation of the social system. This purpose, however, is not achieved if it is limited to the mortal sins or sins mentioned in the Quran, and if we they are presumed to occur less than they actually do. The other sins threaten the foundation of the social system, paving the way for people to ride in the highway of sins with no obstacle and fear of punishment. Thus ta’zirat (punishment having maximum and minimum limits) must be expanded to include, in line with the criminal policies of Islam and with the changes of time, various types of crime. Thus when speaking of deterrence and Islamic punishments, it is only natural that the discussion revolve around ta’zirat. General crime deterrence, unlike specific crime deterrence, is not only meant to reform criminals, but to use punishment as a threat to deter people from offending, so that people have to pay a high price for criminal breaking of laws. Hence the importance of general crime deterrence as the most significant aim of ta’zirat; which is to safeguard the society and the foundation of the social system. The valuable potential that the Shi’ite law provides for the Legal Guardian on criminal matters can help boost deterrence by punishing criminals and dissuading the majority of the people from taking an action not yet started. The best proof for this claim is the fact that ta’zirat is subject to expediency and demands of the time. This potential includes the following: abandoning the rule of punishment less than the gravity of the wrong done in cases of removing corruption on earth; passing of secondary rules and removing corruption using punishment even in cases of non-illicit acts. The purpose of punishment is to fight corruption and strengthen the foundation of the social system. This purpose, however, is not achieved if it is limited to the mortal sins or sins mentioned in the Quran, and if we they are presumed to occur less than they actually do. The other sins threaten the foundation of the social system, paving the way for people to ride in the highway of sins with no obstacle and fear of punishment. Thus ta’zirat (punishment having maximum and minimum limits) must be expanded to include, in line with the criminal policies of Islam and with the changes of time, various types of crime. Thus when speaking of deterrence and Islamic punishments, it is only natural that the discussion revolve around ta’zirat. General crime deterrence, unlike specific crime deterrence, is not only meant to reform criminals, but to use punishment as a threat to deter people from offending, so that people have to pay a high price for criminal breaking of laws. Hence the importance of general crime deterrence as the most significant aim of ta’zirat; which is to safeguard the society and the foundation of the social system. The valuable potential that the Shi’ite law provides for the Legal Guardian on criminal matters can help boost deterrence by punishing criminals and dissuading the majority of the people from taking an action not yet started. The best proof for this claim is the fact that ta’zirat is subject to expediency and demands of the time. This potential includes the following: abandoning the rule of punishment less than the gravity of the wrong done in cases of removing corruption on earth; passing of secondary rules and removing corruption using punishment even in cases of non-illicit acts.

https://law.tabrizu.ac.ir/article_4777_dda9c18dd250dcc10f003d800cdc44a1.pdf