Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 983-999 |
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Shakeri H R, Esmaeili M, Nabipour M. Legal Jurisprudential Challenges of Treating Offenders After Execution of Punishment (Criticism of Section 445 of the Islamic Penal Act). MLJ 2025; 19 (60) :983-999
URL: http://ijmedicallaw.ir/article-1-1936-en.html
URL: http://ijmedicallaw.ir/article-1-1936-en.html
1- Department of Law, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran.
2- Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
3- Department of Law, Faculty of Law, Northern Non-Profit University, Amol, Iran.
2- Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
3- Department of Law, Faculty of Law, Northern Non-Profit University, Amol, Iran.
Abstract:
Background and Aim: Today, the advancement of medical science has provided conditions that can be used to numb a person who is sentenced to hadd, ta’zir and qisas so that he does not feel pain during the execution of punishment. Article 445 of the Islamic Penal Code is one of the legal articles related to the subject. In this regard, the present study, titled "Legal Jurisprudential Challenges of Treating Offenders after Execution of Punishment (Criticism of Article 445 of the Islamic Penal Code)", discusses and examines this issue.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and was done by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: The issue of stunning and anesthetizing a criminal or a member of his body in punishment is one of the issues on which jurists differ in their rulings. Some jurists base their principle on the permissibility of stunning and believe that executing a criminal punishment by stunning his body. Others believe that stunning is not permissible. In this regard, a critique of Article 445 of the Islamic Penal Code, which deals with matters related to the treatment of criminals after the execution of punishment, becomes necessary in order to identify and eliminate the weaknesses and problems in this law. In addition, this study helps to better understand the interaction between jurisprudential principles and legal rules in the field of principles of reforming and disciplining criminals and identifies the need to review and amend current laws.
Conclusion: In crimes subject to Hudud and Ta’zirat, the punishment being painful to its normal extent is a necessary condition and numbing the criminal during the execution of the punishment in a way that he does not feel the pain is not permissible. Regarding retribution, if the criminal committed the crime by numbing the victim, then executing his punishment with numbing is also permissible. In cases where the criminal committed the crime without numbing the victim, the opinion that numbing the criminal or his body during the execution of the punishment is not permissible is preferred. Therefore, considering the requirement of pain tolerance by the offender, it is more appropriate that Article 445 of the Islamic Penal Code be revised, in line with Article 444 of the same law, by listing the anesthetization or numbing of the offender's limb as a right of the victim.
Please cite this article as:
Shakeri HR, Esmaeili M, Nabipour M. Legal Jurisprudential Challenges of Treating Offenders After Execution of Punishment (Criticism of Section 445 of the Islamic Penal Act). Medical Law Journal. 2025; 19: e65.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and was done by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: The issue of stunning and anesthetizing a criminal or a member of his body in punishment is one of the issues on which jurists differ in their rulings. Some jurists base their principle on the permissibility of stunning and believe that executing a criminal punishment by stunning his body. Others believe that stunning is not permissible. In this regard, a critique of Article 445 of the Islamic Penal Code, which deals with matters related to the treatment of criminals after the execution of punishment, becomes necessary in order to identify and eliminate the weaknesses and problems in this law. In addition, this study helps to better understand the interaction between jurisprudential principles and legal rules in the field of principles of reforming and disciplining criminals and identifies the need to review and amend current laws.
Conclusion: In crimes subject to Hudud and Ta’zirat, the punishment being painful to its normal extent is a necessary condition and numbing the criminal during the execution of the punishment in a way that he does not feel the pain is not permissible. Regarding retribution, if the criminal committed the crime by numbing the victim, then executing his punishment with numbing is also permissible. In cases where the criminal committed the crime without numbing the victim, the opinion that numbing the criminal or his body during the execution of the punishment is not permissible is preferred. Therefore, considering the requirement of pain tolerance by the offender, it is more appropriate that Article 445 of the Islamic Penal Code be revised, in line with Article 444 of the same law, by listing the anesthetization or numbing of the offender's limb as a right of the victim.
Please cite this article as:
Shakeri HR, Esmaeili M, Nabipour M. Legal Jurisprudential Challenges of Treating Offenders After Execution of Punishment (Criticism of Section 445 of the Islamic Penal Act). Medical Law Journal. 2025; 19: e65.
Keywords: Anesthesia, Retribution, Punishment, Anesthesia, Treatment of the Offender, Article 445 of the Islamic Penal Code
Type of Study: Original Article |
Received: 2025/03/11 | Accepted: 2025/05/20
Received: 2025/03/11 | Accepted: 2025/05/20
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