Second: Ways for proving applicability of penal laws

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Third: Rules for execution of penal lawsFirst: Studying philosophy of penal laws and punishments

Studying the ways of proving applicability of penal laws displays other appearances of Islamic clemency and benevolence thanks to Islamic penal laws and punishments.

Applicability of many penal laws is proved with four witnesses or four times of confession. That is to say, for application of penal law for adultery, four just men shall testify that they have seen a man or woman while committing adultery.

Is it possible! We have not found even one case in the narrations and historical books where adultery is proved with testimony of witnesses for applicability of penal law. Therefore, this way is practically impossible, and this is a sort of Islamic clemency including such sinners.

There are numerous conditions for the other way that is confession of the sinner. For instance, he or she shall confess four times, and each confession shall be in a different place, and even if one confesses four times in one place, it is deemed as one time!(25) Moreover, if the sinner repents with the Islamic judge before his or her conviction, and regrets for what he or she has done, it is difficult to execute penal law for him or her!(26)

These points are mentioned in numerous narrations one of which is referred to hereunder to see the Islamic benevolence and clemency of the real successor of Prophet (s.a.), extended to the sinner who had referred to him willingly for judgment:

An adulteress came to Hazrat Ali (a.s.) and asked him to purify her with execution of penal law for adultery, because the worldly chastisement is easier than the permanent and continuous punishment in the other world! Imam said: Go and return after delivery to purify you. The lady went and came back after childbirth and repeated her request. Imam asked several questions from her (hoping to dissuade her and make her hesitate in what she says). He said: Go and breast feed your child and after infancy, come to purify you. The lady returned after two years and again repeated her request. Again Imam asked several questions and the lady replied. Finally, Imam said: Go and nurture your child so that he could protect himself against the daily dangers. Then, come to purify you. The lady came back weeping, … .(27)

As you see, it is not easy to prove a guilt liable to penal law, and it is not possible to prove it as far as the sinner does not want execution of the penal law. This is an indication of Islamic benevolence.

Should Islam was the religion of violence, was it so fastidious for conviction of a sin?!

 

 

25-  You can study these narrations in Vassaeloshiite, vol. 18, page 377 onwards.
26-  The late Sheikh Horr Ameli has narrated these traditions in Vassaeloshiite, vol. 18, page 327.
27-  Vassaeloshiite, vol. 18, p. 378, first narration

 

 

Third: Rules for execution of penal lawsFirst: Studying philosophy of penal laws and punishments
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