A Fiqhi Feasibility Analysis of the Non-Implementation of Punishment After Execution Survival
In the capital punishment, despite the correct execution of the sentence, the convict may rarely remain alive. In this case, the question arises as to whether a re-execution is doable or not? And if the prbablity of re-execution exists, what is the status of the initial execution and the resulting i...
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University of Qom
2024-04-01
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| Series: | پژوهشهای فقهی مسائل مستحدثه |
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| Online Access: | https://rcjl.qom.ac.ir/article_2944_b60d32b42feaee775c45a1fd68bb3862.pdf |
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| author | Esmatullah Rezaei Adel Sarikhani |
| author_facet | Esmatullah Rezaei Adel Sarikhani |
| author_sort | Esmatullah Rezaei |
| collection | DOAJ |
| description | In the capital punishment, despite the correct execution of the sentence, the convict may rarely remain alive. In this case, the question arises as to whether a re-execution is doable or not? And if the prbablity of re-execution exists, what is the status of the initial execution and the resulting injuries? Are they compensable or not? This article, using a descriptive-analytical method and library resources, has examined the fiqhi feasibility of non-implementation of punishment after execution survival. The research findings indicate that with the correct and proper execution of the death penalty, confirmed by the competent authorities, the title of the prescribed execution and retaliation (Qisās) for life is applicable. Considering the verses and narrations on the issue of retaliation and prescribed punishments, and considering the principles and rules of the issue of prescribed punishments and retaliation, such as the principle of caution in blood (al-Ehtiyāt fi Dimā’) and the rule of averting (al-Qaidah al-Dar’), the feasibility of re-execution is overruled. However, regarding the initial execution and the resulting injuries, in the case of the feasibility of re-execution, there are seven opinions among the Islamic jurists, which do not seem to have a well-reasoned and solid foundation; because by accepting the re-execution, if the injuries and wounds inflicted on the executed person in the first stage are not compensable, this is an aggression and injustice against the executed person, and if they are compensable, whether in the form of blood money (Diyyah) or retaliation (Qisās), they are contrary to the rules and principles of the issue of retaliation and blood money in Imamiyyah Jurisprudence. |
| format | Article |
| id | doaj-art-ebb82feab8fc457baaf1bb798fab17cf |
| institution | DOAJ |
| issn | 2981-202X |
| language | fas |
| publishDate | 2024-04-01 |
| publisher | University of Qom |
| record_format | Article |
| series | پژوهشهای فقهی مسائل مستحدثه |
| spelling | doaj-art-ebb82feab8fc457baaf1bb798fab17cf2025-08-20T02:46:29ZfasUniversity of Qomپژوهشهای فقهی مسائل مستحدثه2981-202X2024-04-012112710.22091/rcjl.2024.10480.10422944A Fiqhi Feasibility Analysis of the Non-Implementation of Punishment After Execution SurvivalEsmatullah Rezaei0Adel Sarikhani1 PhD Graduate of Criminal Law and Criminology, Institute of Humanities affiliated with Al-Mustafa International University.qom.iran Professor of Criminal Law and Criminology, Faculaty of Law, University of Qom, Qom, IranIn the capital punishment, despite the correct execution of the sentence, the convict may rarely remain alive. In this case, the question arises as to whether a re-execution is doable or not? And if the prbablity of re-execution exists, what is the status of the initial execution and the resulting injuries? Are they compensable or not? This article, using a descriptive-analytical method and library resources, has examined the fiqhi feasibility of non-implementation of punishment after execution survival. The research findings indicate that with the correct and proper execution of the death penalty, confirmed by the competent authorities, the title of the prescribed execution and retaliation (Qisās) for life is applicable. Considering the verses and narrations on the issue of retaliation and prescribed punishments, and considering the principles and rules of the issue of prescribed punishments and retaliation, such as the principle of caution in blood (al-Ehtiyāt fi Dimā’) and the rule of averting (al-Qaidah al-Dar’), the feasibility of re-execution is overruled. However, regarding the initial execution and the resulting injuries, in the case of the feasibility of re-execution, there are seven opinions among the Islamic jurists, which do not seem to have a well-reasoned and solid foundation; because by accepting the re-execution, if the injuries and wounds inflicted on the executed person in the first stage are not compensable, this is an aggression and injustice against the executed person, and if they are compensable, whether in the form of blood money (Diyyah) or retaliation (Qisās), they are contrary to the rules and principles of the issue of retaliation and blood money in Imamiyyah Jurisprudence.https://rcjl.qom.ac.ir/article_2944_b60d32b42feaee775c45a1fd68bb3862.pdf: punishmentexecutionprescribed punishment (hadd)retaliation (qisas)blood money (diyyah) |
| spellingShingle | Esmatullah Rezaei Adel Sarikhani A Fiqhi Feasibility Analysis of the Non-Implementation of Punishment After Execution Survival پژوهشهای فقهی مسائل مستحدثه : punishment execution prescribed punishment (hadd) retaliation (qisas) blood money (diyyah) |
| title | A Fiqhi Feasibility Analysis of the Non-Implementation of Punishment After Execution Survival |
| title_full | A Fiqhi Feasibility Analysis of the Non-Implementation of Punishment After Execution Survival |
| title_fullStr | A Fiqhi Feasibility Analysis of the Non-Implementation of Punishment After Execution Survival |
| title_full_unstemmed | A Fiqhi Feasibility Analysis of the Non-Implementation of Punishment After Execution Survival |
| title_short | A Fiqhi Feasibility Analysis of the Non-Implementation of Punishment After Execution Survival |
| title_sort | fiqhi feasibility analysis of the non implementation of punishment after execution survival |
| topic | : punishment execution prescribed punishment (hadd) retaliation (qisas) blood money (diyyah) |
| url | https://rcjl.qom.ac.ir/article_2944_b60d32b42feaee775c45a1fd68bb3862.pdf |
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