نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
One of the fundamental challenges within the Islamic criminal justice system is the presence of doubts regarding the implementation of Hudud (divine punishments). One such doubt concerns the alleged conflict between the enforcement of divine Hudud and human dignity.
The present study aims to elucidate the ontology of divine Hudud and address this doubt. It employs a descriptive-analytical method and relies on library-based resources. The findings indicate that divine Hudud are not merely punitive measures; rather, they function as an "enforcement guarantee" for preserving both the cosmological order (Takwini) and the legislative order (Tashri'i).
Consequently, crime is viewed as a disruption of divine coherence, and the implementation of Hudud serves as a tool for restoring order and preventing chaos.
In response to the doubt regarding the conflict between divine Hudud and human dignity, this research argues by distinguishing between intrinsic dignity (Karamat Dhati), which is inherent to humans as humans, and acquired dignity (Karamat Iktisabi), which is based on piety and ethical conduct. The study contends that the implementation of divine Hudud does not strip the offender of their intrinsic dignity. Instead, by punishing the offender, it preserves the dignity and rights of other members of society, particularly the victims of crime. Furthermore, citing narrations and legal principles—such as the postponement of Hudud execution for patients or pregnant women—it is demonstrated that the Divine Legislator consistently considers human aspects and individual and social expediency when implementing Hudud.
Ultimately, the conclusion drawn from this article is that divine Hudud are not in conflict with human dignity. On the contrary, by establishing security, justice, and deterrence, they provide a framework in which the collective and individual dignity of Islamic society can be realized.
کلیدواژهها English