The role of expediency in interpreting the texts of punishment

Document Type : Original Article

Authors

1 Assistant Professor, University of Tehran

2 PhD student in Shafi'i jurisprudence, University of Tehran

10.30510/psi.2022.295003.1991

Abstract

Interpretation of texts is very important in Islamic law and follows certain rules and regulations. The breadth of the field of Islamic law, the existence of numerous religions and schools with different rules and principles on the one hand and the lack of independent and comprehensive writings on how to interpret criminal texts on the other hand, has made it difficult to research the principles and rules of interpretation in Islamic criminal law. It is destined that Muslim jurists have often interpreted the texts and rulings in a different way from the usual methods in other parts of Islamic jurisprudence. However, the generality of the penal texts, on the one hand, and the ambiguity and conciseness that may exist in the meaning of the texts, on the other hand, necessitate the interpretation of the texts. The prohibition of the development of limits or the construction of limits on mitigation and precaution and the rule of door or the lack of proof of hadd, despite the doubt, in the interpretation of penal texts can be examples of the function of expediency in interpreting hadd punishments.

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 1690-1703

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