Execution is a very heavy and harsh punishment, and the death penalty itself causes intimidation and public fear

When an accused in prison is unjustly executed; It is as if all humanity is being executed and people are all hanged. Unjust execution, especially in political crimes, is the worst and most hateful act committed by the government, which itself should be the protector of the nation's blood, life, wealth, and width.

The death sentence of the late Mohsen Shekari is against Sharia Bin due to war and corruption in the world for the following reasons:

1. Every warrior is not a mahduraldam. Moharibeh comes from the word Harb, which means to fight, and in verse 33 of Surah Maydeh, such acts are criminalized as Moharibeh and corruption on earth. Moharebeh is realized at least by acts of intimidation and intimidation, and maximum moharebeh is killing people, cutting off roads, and stealing property. All the jurists unanimously say that the promotion of weapons is to frighten the people. Article 279 of the Islamic Penal Code, Moharebeh means, drawing a weapon to kill people's lives, property or honor, or intimidating them in a way that causes insecurity in the environment. Moharebeh must have a general aspect.

2. According to Article 282 of the Islamic Penal Code, the punishment of Moharebeh is four asymmetric punishments, each of which is different from the earth to the sky in terms of the severity of the punishment and the resulting damages. From execution to strong denial and amputation of right hand and left foot.

3. The question is whether these punishments depend on the severity of the crime or are they arbitrary?
Is the judge free to choose the punishment or does it depend on the severity of the crime? For example, does the judge have the right to exile someone who killed dozens of people, and conversely to execute someone who only blocked the road and did not hurt anyone?
Or does it depend on the severity of the crimes committed?

Undoubtedly, if we believe in the arbitrary selection of a judge, it is against Islamic justice and preserving the blood of Muslims.

In the book Masalak al-Afham, Shahid Sani Pasha, from the citation of jurisprudential sayings, arranged and selected narrations from Imam Masoum, who asked the Imam whether the choice of punishment is according to the judge's choice or depends on the severity of the crime? And Imam answered that it depends on the severity of the crime.

That is, if the warrior only blocks the road and does not harm the people, he will be exiled, and if he loots other people's property, his right hand and left leg will be amputated. And if he commits defamation and murder, he will be executed, and these all depend on the material element of the crime, how far has the perpetrator progressed in the stages and stages of the crime? The punishment should be proportionate to the crime committed.

Execution is a very heavy and harsh punishment, and the very act of the death penalty itself causes public intimidation and fear, if a ruler unjustly executes someone against the Qur'an and the Sunnah, the judge himself is a muhareb. Because using weapons and public power instead of maintaining security causes insecurity deprivation of security and public fear for their own lives.

We must see what the perpetrator of the crime did? Did he kill someone? Has he violated someone's honor? Has the property been looted? If the death penalty is issued and executed only because of traffic jams, then nothing can be controlled anymore.

A note from Dr. Mohammad Taher Kanani