First: Studying philosophy of penal laws and punishments

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Second: Ways for proving applicability of penal laws2- Are Islamic punishments compatible with the religious clemency and benevolence?

There are narrations about philosophy of execution of penal laws and punishments clarifying our insight into these Islamic punishments. Consider the following two samples:

1-     Islam Prophet (s.a.) says:

اقامه حد خیر من مطر اربعین صباحاً

Execution of any penal law or punishment is better than forty days of rainfall.(22)

As you see, in this prophetic narration, penal laws and punishments are resembled to rain, and execution of any law (even the least form) is called better than forty days of rainfall. The narration implies that as rain is a mercy of God, and God sends down it for the people of earth, divine penal laws too are a sort of divine blessing. In fact, execution of Islamic punishments washes away the society like rain, and purifies it from the pollutions.

For instance, if one disturbs public security in the society, and violates people’s soul, wealth and honor so that a part of society is threatened, he will be an outlaw and punishment of an outlaw will guarantee security in the society. It washes away terror, fear and insecurity from the society like rain. Those who produce and distribute narcotics in an Islamic society, and destroy the youths through this great crime, and corrupt the country for achieving their own personal interests and profits, shall be punished for corrupting on the earth.

Can we call violence the Islamic penal laws resembled to rain here!

We believe that such individuals and groups are liable to Islamic punishments. If they are not punished, God will not leave them, and they will be involved in the consequences and adversities caused by their corruptive activities.

 

2-     Seventh Imam, Hazrat Mous Ebne Ja’far (a.s.) commenting on the verse, یحی الارض بعد موتها, (23) says:

لیس یحییها بالقطر و لکن یبعث الله رجالاً فیحیون العدل فتحیی الارض لإحیاء العدل و لإقامه الحد فیه انفع فی الارض من القطر اربعین صباحاً *

It does not simply imply that He revives the dry lands with bountiful rain. Rather, it implies that He appoints (great, sincere and ambitious) men for reviving justice in the world, and revives land as a result of revival of justice. Undoubtedly, execution of penal laws and punishments on the earth is more beneficial than forty days of rainfall.(24)

As you can see, there is no trace of revenge, violence and such in the traditions explaining the philosophy of penal laws. Rather, they are concerned with affection, clemency and spread of justice in the society.

 

 

22-  Vassaeloshiite, Vol. 18, p. 308
23-  Quran, The Iron:17
24-  Vassaeloshiite, vol. 18, page 308, narration 3

 

 

Second: Ways for proving applicability of penal laws2- Are Islamic punishments compatible with the religious clemency and benevolence?
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