چکیده:
In the criminal laws of the Islamic Republic of Iran, the judge has the authority to employ supplementary punishment. In 2013, with the amendment of the Islamic Penal Code, the application of supplementary punishment was accepted in addition to Ta'zir punishments in Hudud and Qisas. Given the principle of the illegality of punishment, the question is: what are the foundations of the legitimacy of supplementary punishment in Hudud and Qisas? Is this legal innovation supported from the perspective of jurisprudential foundations? It might be possible to argue for the permissibility of this type of punishment based on certain narrations and secondary titles through primary or secondary rulings; however, an examination of the narrations indicates that supplementary punishment exists in certain specific cases, and one cannot use these specific cases for 'alghā-ye khususiyat' (negating a specification) or 'tanqih al-manat' (refining the rationale). Furthermore, secondary titles are not such that one can disregard the principle of non-additional punishment—which is based on strong jurisprudential evidence—and rule generally that the application of supplementary punishment in every Hudud or Qisas crime, or even in Ta'zirat with a religious text, is permissible and legitimate. This research has been conducted using an explanatory-analytical and library-based method.
خلاصه ماشینی:
It might be possible to argue for the permissibility of this type of punishment based on certain narrations and secondary titles (unwan-e thanawi) as a primary or secondary ruling; however, an examination of the narrations indicates that supplementary punishment exists in certain specific cases and Date received: 26/04/1397; Date accepted: 12/07/1397 Associate Professor of Jurisprudence and Foundations of Islamic Law, University of Tehran, Farabi Campus, Qom, (Corresponding Author).
Furthermore, secondary titles are not such that one can disregard the principle of the non-existence of additional punishment, which is based on strong jurisprudential documents, and rule generally that in every Hudud or Qisas crime, or even in prescribed Sharia Ta'zirat, the application of supplementary punishment is permissible and legitimate.
However, the subject of this writing is that Article 23 of the Islamic Penal Code of 2013, for the first time in crimes requiring Hudud or Qisas, has given the judge the authority that, in addition to convicting the criminal to Hudud or Qisas, he may sentence him to one or more supplementary punishments for a maximum period of two years.
B- Examination of Jurists' Opinions: Jurisprudential books, especially those of the ancients and the later scholars, have not extensively addressed the possibility of supplementary punishment in addition to Hadd, Qisas, and Diya; however, in some cases, jurists have partially referred to this matter during their examination of narrations, which will be discussed.
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