چکیده:
This article, using an analytical study method, examines the objectives of Islamic punishments in three sexual crimes that necessitate Hadd (adultery/fornication, sodomy, and lesbianism). By investigating cases such as the basis of criminalization, the system governing evidence, and the factors leading to the dismissal of punishment in these crimes, it becomes clear that despite the heavy emphasis on the inherent ugliness of these acts and the establishment of moral responsibility for the perpetrators, Islamic teachings insist on concealing and covering up these crimes and preventing their proof. Regarding punishment, the primary emphasis is on reforming the perpetrators and making them repentant; however, objectives such as general and specific deterrence, the administration of justice, and even satisfying the victims have not been overlooked.
خلاصه ماشینی:
By investigating cases such as the basis of criminalization, the system governing evidence, and the factors for the dropping of punishment in these crimes, it becomes clear that despite the heavy emphasis on the inherent obscenity of these acts and the establishment of moral responsibility for their perpetrators, Islamic teachings insist on concealment, covering up these crimes, and preventing their proof.
Of course, to discover the real goal of the legislator — in customary legal systems — one should not rely solely on their explicit statements ______________________________ 1 ـ For observing discussions in this regard, see: Objectives of Punishments in Chastity Crimes in Islamic Criminal Law, pp.
Based on a famous and reliable narration transmitted by both Shiites and Sunnis, Amir al-Mu'minin Ali (peace be upon him) refrained from implementing Hudud punishments on Muslim offenders in non-Islamic lands, for fear that punishing them would cause them to seek refuge with the enemy and take up residence in their land.
According to the famous theory, a non-muhsan male adulterer is sentenced to one hundred lashes in addition to having his head shaved and being exiled from the city where he committed the crime for a period of one year; (1) however, some jurists, such as Sheikh Tusi, have considered this supplementary punishment to be applicable in cases where the non-muhsan adulterer is married but has not yet had sexual intercourse with his spouse.
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