عنوان مقاله [English]
Explaining the principle of proportionality of crime and punishment in cases of insulting the Prophet (PBUH)چکیده [English]
The insulting the Prophet (PBUH) is one of the crimes in Islamic criminal law. Some believe that in the punishment of insulting the Prophet (PBUH) there is no correlation between the act of the offender and the punishment prescribed in the Shari'a (for example, between insulting speech and execution).
The principle of proportionality of crime and punishment, although it is an inalienable principle in all penal systems, but its meaning is completely relative and different. However, it does not mean that all criteria are correct, and this is a fundamental question. The criterion of the principle of proportionality of crime and punishment is tied to the value system of the politico- legal systems. So, by examining the nature of the crime of insulting the Prophet (PBUH) in the Islamic value system, we seek to measure the proportion between criminal behavior and punishment. According to the value system of Islam, the proportionality of crime and punishment is studied by examining the severity of criminal behavior. It is also studied that the probative conditions and special sentences of certain crimes will prevent the emergence of criminal instrumentalism and judicial injustice.