An Intrinsic Sharīʿa-Based Approach to Reducing Ḥudūd Capital Punishments in Iran

Abstract

Iran’s criminal laws are based on Islamic law (sharīʿa) in accordance with its Constitution. In recent years, Iran has been among the countries with the highest execution rates worldwide. Most of these executions are linked to ḥadd-based punishments. This has led some intellectuals and foreign observers to believe that the high execution rate is due to laws grounded in sharīʿa. To reduce executions, they have proposed abandoning sharīʿa. However, such an approach does not align with the values of an Islamic society. Shīʿa jurisprudence, with its inherent capacity, such as the diversity of fatwās and authoritativeness of the consensus provides an opportunity. It allows for a significant reduction in executions without partially or entirely departing from sharīʿa.

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