Requirements for the Application of the Most Severe Penalty in Positive Laws (A Comparative Study)

Abstract

Undoubtly,justice affirms that a criminal must be a subject of punishment in accordance to the crime commited.Hence,sanctions have to be varried depending upon the crime commited.But,the legislative rules are sometimes justified to take one type out of the crime varriations.This can be attributed to a philosophical view or idea which aims to either attracting the criminal or specifying only one punshiment for especial cases.Hence,the proper laws do not follow a single path in case of crime increase.Others assume that the decisive punishnent must be applied on the criminal's crimes.Whereas other laws assume that a decisive sanction should applied on only the type of crimes that are undetachable from its aim and purpose.The Islamic legislation do not move away from this concept of crimes applications.So,it emphasizes to adopt one punishment in some cases taking the the nature if crime into acinsideration.The laws which resorts to one sanction as an exception do not agree on  unified format,some of them follow a strong punishment only.Whereas others attempted to keep the nature of the punishment varriation in spite of the remedy with the strongest punishment.The outcome resulted from adopting the strongest sanction is not only limited to what has already been mentioned. However, laws varried in terms of strongest applications compared to the seco dary ones.Therefor; choosing strongest sanction is actually one out of many optimal solutions employed as a means in the ciminal policy to the project for allowing ideas adoptaions..