چکیده:
Each rule of law must have fundamental principles that can be used to “found an structure", "explain and clarify obscure words and inputs", "resolve disputes and obstacles to progress in the implementation of the proposition", and "recreate data and propositions according to social developments". Meanwhile, different schools have chosen several approaches to each of these components. However, it seems that in jurisprudential view the "model of the spirit of the Shari'a" can take into account all the above-mentioned cases. The present article considers the theoretical explanation and organization of the "spirit of the Shari'a" as a method in the criminal jurisprudence of its problem. The monitoring of the "spirit of the Shari'a", takes away the criminal jurisprudence from “deconstructionism”, the "unity of procedure in resolving of conflicts” and “stagnation of the form of punishment”. According to this significance and purpose, after discussing the preliminaries of the authority of the soul, the text monitors the degree of possibility of relying on the "soul", its requirements, as well as distinguishing the basis of historical and religious punishments. According to the library studies, it seems that “the spirit of the Shari'a” have unique outcomes based on the inherent and accidental interpretation of the outcomes of the criminal jurisprudence texts in the aspects of "legislation", "interpretation" and "contradiction" against devotional views on criminal jurisprudence.
خلاصه ماشینی:
In addition to this, the aforementioned perception requires reconsideration, in light of which, while observing the concerns of opponents of the “spirit of criminalization and punishment” in the form of “caution,” one can access the capacities of the thought of the spirit in the pattern of “hard criminal fiqh” or what is called legitimate and intrinsic punishments in penal jurisprudence; especially since jurists have, in some cases, paid attention to “the spirit” as an interpretive method in inferring fiqh propositions.
Moreover, the spirit of criminal Sharia can be traced in other cases as well; including: - Deterrence: Propositions such as “the prohibition of the prelude to the forbidden or the rule of protecting against a close crime” (like the prohibition of approaching adultery in verse 32 of Surah Al-Isra), “attributing the use of severe ta'zir punishments to previous prohibition and reprimand of the offender” (orderliness of ta'zir) (Al-Isfahani, 1405, vol.
In addition to these, the spirit of criminal Sharia, based on tracing texts and sources, can also be traced in other cases; including: - Deterrence: Propositions such as “the prohibition of the prelude to the forbidden or the rule of protecting against a close crime” (like the prohibition of approaching adultery in verse 32 of Surah Al-Isra), “attributing the use of severe ta'zir punishments to previous prohibition and reprimand of the offender” (orderliness of ta'zir) (Al-Isfahani, 1405, vol.
(
, 
, 
)
