An Analysis on the Contradiction or Non-contradiction Between Corporal Punishments and Human Dignity Based on the Harmony of Islamic Penal System

ali asghar afshari¹ abedin moumeni²

1) PhD student of jurisprudence and the basics of Islamic law, Tehran University, Iran
2) Associate professor of jurisprudence and and the basics of Islamic law, Tehran University, Iran

IOI Code : XAAA-BGGFZ
Publication : The 4th International Conference on Modern Approaches to Research in the Humanities(4achconf.com)
Abstract :
    Referring to The Universal Declaration of Human Rights and other covenants and conventions, international and western human rights organizations argue that corporal punishments are contrary to respect for human dignity and accuse the countries that legalize such punishments of human rights violation. Is corporal punishment against human dignity? Can the practice of corporal punishment have different verdicts in different penal systems? brutal , cruel and inhumane are the descriptions that ascribing them to any punishments in addition to cognitive punishment needs the analysis of the penal system that the punishment is practiced in. In prefiguration of any punishments the penal system considers many prerequisites before and after it. Prevention of committing crimes, formal and substantial penal codes, the proofs for proving crimes, the aims of practicing punishments and the quality of fulfilling them, all together are effective in the judgment on the question that whether the punishment is contrary to human dignity or not? Comparative approach and evaluation of juridical terms in accordance with Islamic anthropology shows that in Islamic penal system the predicted corporal punishments are fulfilled to honor and support human dignity.

Keywords : corporal punishment torture human dignity human rights correction of criminals