| Abstrakt: |
According to the Shīʿa jurisconsults, the execution of punishment (ḥadd) cannot be applied if the thief is the father or paternal grandfather of the victim. The question is whether in this case it is neither possible to implement the discretionary punishment (Taʿzīrī) as well as the punishment of ḥadd. Adopting the descriptive-analytical method, the current study attempts to demonstrate that issuing discretionary judgment is not possible, and that such an offender cannot be labeled as a thief. Moreover, according to the evidence and documentations, this ruling applies not only to theft, but also to other crimes against profaty. Given the current legislative status, it is possible to employ this theory in the implementation of law as well. [ABSTRACT FROM AUTHOR] |
