نوع مقاله : مقاله پژوهشی
1 دکتری حقوق جزا و جرمشناسی، دانشگاه تهران، تهران،ایران
2 دانشجوی دکتری حقوق جزا و جرمشناسی دانشگاه تهران
عنوان مقاله [English]
The principle of respect for human dignity plays an essential role in establishing the moral norms related to the human rights. In the criminal policy of Islam, this principle has been given special attention. In accordance with the holy law of Islam, the Iranian legislator underlines in its constitution that the legitimacy or unlawfulness of other laws and regulations is based on it, has emphasized human dignity in various principles.
In considering the laws of Iran precisely, at first sight, we face a kind of challenge in its wake. For example, they consider some punishments, such as retaliation, Rajm, execution, amputations, etc.., as a form of human dignity violation, but the arguments of the supporters and opponents of such punishments should be elaborated. Accordingly, the present study, following a brief explanation of human dignity, will deal with retaliation. And the authors have come to the conclusion that the retaliation punishment does not contradict with human dinity, but the inequality between men and women in this punishment is significant and have been criticized.