intentional Analysis of Similarity in retribution in the light of Islamic sects

Fooladian Gharakhanlou, Jebrail; Vakilzadeh, Rahim; Eivazi,, Hamid

doi:10.22034/ejs.2022.340452.1228

intentional Analysis of Similarity in retribution in the light of Islamic sects

Document Type : .

Authors

Jebrail Fooladian Gharakhanlou ¹

Rahim Vakilzadeh ²

Hamid Eivazi, ³

¹ PhD student in jurisprudence and law, Tabriz branch, Islamic Azad University, Tabriz, Iran.

² Assistant Professor, Department of Jurisprudence and Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran.

³ Advisor, Assistant Professor, Department of Jurisprudence and Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran.

10.22034/ejs.2022.340452.1228

Abstract

Background and Aim: Justice requires that there be proportionality between the victim and the offender in order to apply the punishment. The purpose of this study is to analyze the purposes of similarity in retaliation in the light of Islamic sects.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Findings: The findings of the present study show that the intentional approach has been accepted by default by Imami, Hanafi and Hanbali jurists regarding the similarity of retribution; While in this regard, the traditional approach has been accepted by Maliki and Shafi'i jurists.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: In the light of the intentional approach, Imami, Hanafi and Hanbali jurists have ruled that there is no permission for similarity in retribution, but in the light of the traditional approach, Maliki and Shafi'i jurists believe in the permission of similarity in retribution.

Keywords

retribution

Similarity

Fiqh of Imamiyya

Islamic sects