دو گونه كيفر در مقابل دو دسته بزه (باز تعريف حدود و تعزيرات از ديدگاه فلسفه كيفري)

HADD AND TAʹZIIR: TWO TYPES OF PUNISHMENT AGAINST TWO GROUPS OF OFFENCES

Diversity of penal responses is a part of wisdom and meaningful diversifications in Islamic and Iranian criminal policy;Creating Hadd and Tazzir as two types of punishment is a sign of the above mentioned wisdom; Definition of Hadd (definite punishment) and Taʹziir (discretional)ʹ punishment) in Islamic jurisprudence and - therewith - statutes of islamic republic of Iran and variety ofjurisprudential beliefs and opinions of Islamic law scholars regarding the realm, variety and ordinance of those have resulted in different problems and difficulties from which mingling instances of Hadd and Taʹziir and failure to well fulfillment the wisdom ami philosophy of this duality in Islamic and Iranian criminal law enforcement iof main importance.This problem 1S resulted from an incorrect and incx ..ll.ʹconsideration of Hadd and Taʹziir in Islamic Criminal Jurisprudence; i\ tn.c definition of Hadd and Taʹziir derived from religious references and philosophy of religious commands and the goal of punishment in lslarm; penal policy is: Hadd and Taʹziir are two types of penal (and in some case non penal) response to two groups of offences. first definite and distinc. regarding to important and non-condonable offences and the second. indefinite and indistinct against Jess important offences. These two group" are not finally and unchangeably numerated in the holly Shariʹa but In,." being determined not only by Islamic original legislator but also b, legitimate governments as a result of timely and local circumstances