Effect of Circumstances on Lightening Punishment: A Comparative Study

Punishments are concerned with matters that affect nation's entity and constitute its fundamentals, because they preserve individuals, society and preserve human dignity. For this reason Allah' toulhom be ascribed all perfection and majesty has manifested this for us in order to confine crime and limits it and consequently eliminate it. In this research, I have considered to expose Islam's point of view vs. law's point f view in a minor but significant partition of punishment system which is " Effect of Circumstances on Lightening Punishment: A Comparative Study" showing the found selves then execute the punishment upon it, but performs a comprehensive look that includes crime, nature of criminal, and his circumstances have a direct effect on the punishment upon it, but performs a comprehensive look that includes crime, nature of criminal, and his circumstances at the moment of committing the crime. This is because his circumstances have a direct effect on the Punishment imposed upon him. All protecting people's interests at the time of executing punishments. For instance, the person who commits adultery the punishment will not be executed upon him unless all preconditions of his crime have been fulfilled. Considering his circumstances at the moment of crime and taking them into account gives an opportunity to lighten punishment and reducing it from penalty into reprehension. This is what the prophet Mohammad (peace be upon him) had exercised in his dialogue with Maiz for the sake of keeping punishment off him and reducing it, because the objective of executing punishment is to discipline and reform the criminal and to make him an active and constructive element in society but not a destructive one. Islam has taken into consideration the underage as well as the disabled in executing punishment upon them. The underage lacks the will and the freedom of choice. Consequently, he in any case, does not commit his crime intentionally. Furthermore punishment because punishments are not executed by suspicion but by certainty and proof. This is because the main objective of executing them is to achieve justice and reform and not dispersion and hatred. Islam has been exclusively unique from other "positive" laws in making people's interrelationship based on mutual respect and appreciation especially fatherhood and son ship and branch. Furthermore, it has given the wife her right and imposed upon her husband the expenditure. And when he fell short of that, she has the right to take from his wealth what is sufficient to of solidarity and mercy for he takes into consideration people's circumstances prior to pronouncing sentences upon them and consequently gives this religion the characteristic of continuity and appropriateness, God willing, in every time and in everywhere.