Inclining doubt in the rule of avoidance of punishment (darā’)

Abstract

The majority of jurists regard "the rule of avoidance of punishment (darā’)" as being applicable to the dubieties concerning the object, while the rule is absolute and can include the dubieties concerning the precept as well. The dubiety in criminal law is sometimes in the legal element, and sometimes in the spiritual element, and sometimes in the material element, the inclusion of the rule in these cases is also accepted. Another dubiety is raised in jurisprudence, and it is a dubiety in repentance that, if there is a dubiety about repentance, the punishment will be removed. It seems that the dubiety in the implementation stage has been effective and causes the execution of the sentence to be stopped; that is, in the absence of a process of social justice, the execution of the judgment of the place is uncertain; therefore, along with the dubieties of the object and the precept, dubieties of error and reluctance, those of the judge and the accused, and those of repentance and execution of the sentence – which are new considerations in the rule of repelling - should be taken into consideration.

Keywords

• the rule of avoidance of punishment (darā’)
• punishment
• dubiety
• repentance
• execution of the judgment