Basics of Public Punishment in Irans Jurisprudence and Law

Abstract

This article is a descriptive- analytical study. This question has been raised that what are the basics of public punishment in Irans jurisprudence and law? By examining the history of punishment and its evolutionary process throughout history, we conclude that the basics of punishment in Irans criminal law have jurisprudence basics and are derived from the dynamic law. With regard to the Islam approach about punishment, we can conclude that this religion compared to other criminal schools has made greater insight and put a wider scope before the man. Considering all capacities and existential aspects of human beings, ordering to internal refinement, and stabilizing its mechanism based on the deepest beliefs about the world are among domains of this approach. Adherents of the school of jurisprudence believe that the sketch of human needs has been sent by God and prophets to mankind. So they should legislate with regard to these religious rules; they also enact special rules and regulations about human life either in society or individually based on the Holy Quran which is the most important source of rule deduction. Pondering on the verses of Quran, we find out that from Muslims perspective, law cannot be prove without paying attention to the divine rules and according to the teachings of the Quran this is inferred that its norms are based on a specific system of a coherent school which associate both to freedom of individual and nobility of community. Indeed it believe that human is the maker of community and community is a location for development of man and the government has no right to sacrifice these two important elements for each other. So we can say that the verses of Holy Quran are one of the fundamental principles of criminal punishment in jurisprudence.