A Critique of the Punishment of Procurement [Qiyāda, Pimping, Arabic: قیادة] in the Islamic Penal Code

فقه و اصول (Fiqh va uṣūl)

Articles in Press, Accepted Manuscript, Available Online from 08 March 2025   

Document Type: Original Article

DOI: 10.22067/jfiqh.2025.88789.1803

Authors

seyyed abolghasem hoseini zeidi^{* 1}; Reza Haghpanah¹; Habib Yosefond²; Mohammad Hossein Gelyari²

¹Assistant Professor, Department of Fiqh and Fundamentals of Islamic Law, Razavi University of Islamic Sciences, Mashhad, Iran

²PhD student, Razavi University of Islamic Sciences, Mashhad, Iran

Abstract

Procurement [qiyāda, pimping, Arabic: قیادة] is one of the fixed punishments [Arabic: حدود, Ḥudūd] that in Imami jurisprudence among the jurists, based on the principles of their ijtihād, has one, two, three and four punishments in the primary rule. Up to the certainty and researched consensus [inductive consensus, Arabic: اجْماعٌ مُحَصَّل] by jurists was 75 lashes for men and women, which is undoubtedly discovered [manifested] by the Infallible's verdict. In this article, we have reviewed the punishment of pimping [qiyāda] in Imami jurisprudence and criticized this punishment in the Islamic Penal Code by a library review and analytical-descriptive method. The claim of this study is that the punishment of pimping can be intensified to four punishments, which has proved its claim by using the aggregation [gathering] of evidences such as the restitution [replacement] of the weakness of the document with the fatwās [ruling] of the previous religious jurists, the authenticity of the consensus of the previous religious jurists, the validity of the appearance of the narration of ʿAbd al-Allāh ibn Sanān, and the confirming [supporting] of the narrative of Razavi jurisprudence.

Keywords

Fourfold punishment of pimping; Aggregation [Gathering] of Evidences; Narration of ʿAbd al-Allāh ibn Sanān; Islamic Penal Code

References