Ma`rifat

One of the most fundamental issues in Islamic criminal law is the issue of ta'zirat. The purpose of imposing these punishments is to maintain order and security in society and to ensure the social interests of the Islamic society. From the perspective of Islamic jurisprudence, the imposition of ta'zirat and determining its amount is the authority of the Infallible Imam, ruler, or judge, and accordingly, reductions in such punishments should also be available to them in the first place. A reduction in ta'ziri penalties can have significant individual, social, cultural, political, and especially economic impacts. The aspects of reducing punishment are the subject of Article 38 of the Islamic Penal Code approved in 2013, which have been examined in this study using a descriptive-analytical method. The findings of this research show that the jurisprudential foundations of reducing punishments are of two types: general foundations, which are the legislator's purposes for legislating, which include: divine nearness, worldly and otherworldly happiness, social, economic, and political justice. These principles are not only the basis for reducing punishments, but also, in a way, are considered the red line of all legislative provisions. The second type is specific foundations, which are themselves divided into three categories: Quranic, narrational, and rational foundations, and each is divided into two categories. The first group are the foundations that prove the desirability of the principle of reducing punishment from the perspective of Islamic holy law, and the second group are the verses, narrations, and rational arguments that prescribe reducing some punishments according to the specific circumstances of the criminals.