| Abstrakt: |
Criminal laws (aḥkām-i jazāʾī) constitute a part of the body of Islamic Sharīʿa. In the modern world, some claim that some of these rulings, such as the execution of apostates, harsh punishment methods, lūth and qasāma, retaliation punishment (qiṣāṣ) against the mother, etc. go against ethical criteria. Three main approaches can be identified regarding this issue: defensive and justificatory, critical and reformist, and ethical/rationalist. The first group entirely denies the existence of any challenes and considers religious rulings to align with religious ethics. The second group acknowledges the existence of the challene and seeks reform regarding the issue. The rational approach, however, emphasizes the necessity for sharīʿa to align with ethical norms and propositions. Therefore, the third group supports fundamental changes to the foundations of criminal laws. The present essay employs a critical-analytical approach and seeks to offer practical solutions to resolve the discrepancy between criminal laws and ethical standards, aiming to make them more socially acceptable. The authors contend that when a criminal law goes against collective reason and conscience, ethical proposition should take precedence. Therefore, it is necessary to Review some of the criminal rulings in light of ethical and rational principles. [ABSTRACT FROM AUTHOR] |
