Third: Rules for execution of penal laws

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3- Holy War (Jihad) and Islamic clemency!Second: Ways for proving applicability of penal laws

Even if applicability of a penal law is proved, and the Islamic judge decides to execute it, there are rules and instructions for how to do it which are indications of Islamic clemency and benevolence. Hereunder, we refer to some of these rules:

1-     Lash penalty shall not be executed at the beginning and end of day in winter because the lash hurts sinner too much. Rather, it shall be executed in the middle of day when it is warmer!

2-     Contrarily, it shall not be done in the middle of day in summer, when it is too warm! Rather, it shall be done at the end of day!(28)

3-     The sinner shall not lay when lashing. Rather, he or she shall be sitting or standing, because the lash strokes are slower in this condition, and the sinner feels less pain!(29)

4-     If the sinner is sick, execution of penal law shall be postponed till his or her recovery.(30)

5-     If she is pregnant, it shall be deferred till delivery.(31)

 

There are some other rules(32) all indicating Islamic clemency even for a sinner, the details of which could be found in the Fiqh books.

Considering above three points, (philosophy of penal laws, ways for proving applicability of penal laws and punishments and rules for execution of penal laws and punishments) as well as reflection on the subtle points, makes any fair and impartial man to confess that: Islamic clemency and benevolence exists even in the seemingly violent penal laws and punishments. On this account, execution of Islamic punishments is accompanied with so much blessings for the society that its blessings exceed the blessings of forty successive days of rainfall!

 

28-  Vassaeloshiite, vol. 18, p. 315 onwards.
29-  Vassaeloshiite, vol. 18, p. 369, first narration
30-  Vassaeloshiite, vol. 18, p. 320 onwards
31-  Vassaeloshiite, vol. 18, p. 378 onwards
32-  For instance, lashing the vulnerable organs is forbidden. This has been mentioned in Vassaeloshiite, vol. 18, p. 369 onwards.

 

 

3- Holy War (Jihad) and Islamic clemency!Second: Ways for proving applicability of penal laws
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