Indian J.Sci.Res. 7 (1): 831-839, 2014
ISSN: 0976-2876 (Print)
ISSN: 2250-0138(Online)
THE CONSIDRATION OF POSITIVE AND NEGATIVE EFFECTS OF BANISHMENT ON
THE PENAL POLICY OF IRAN
ALI ABZAN SANGARIa1, MOHAMAD KHALIL SALEHYb AND GHODRATOLLAH KHOSROSHAHIc
abc
Naragh Branch, Islamic Azad University, Naragh, Iran
ABSTRACT
Banishment is seen as a main penalty of some Haddi (the crimes whose punishments have been determined in law) and
Ta’ziri (the crimes whose punishments are varied and can be bought in some cases) crimes and also as a complementary penalty in
providing and educational activities in the penal policy of Iran. The consideration and the analysis of the obtained information
using suitable statistical methods in this research reveal that the penalty of banishment does not accord with some general legal
principles and some of the pre-defined goals of the administration of the punishments. It can then be said that regardless of the
significant and positive features of this punishment, its negative effects are more dominating. There is no comprehensive and
coherent regulation the way of its administration in our country and its administrative regulation needs revision and modification,
for if its removal from our country’s penal policy is not possible, at least its implementation improves. Likewise many researches in
the field of arts, this research is an analytical research and methodologically analyses the related sources and books. A field
research was performed in order to reach to better conclusions. In this research, using library sources, books, articles, thesis,
internet websites, note taking and also performing field researches, the data was collected and having been considered, their
contents were presented in a descriptive analytical way. The qualitative method was used in performing field researches. A
surveying technique was also employed in this research. The obtained results can be expressed in a way that banishment, like any
other punishment, can have the effect of public prohibition and terrorization. Its correctional role, however, is too weak for the
criminals. The penalty of banishment is not applicable on all people and the sexuality of the criminals can prevent its
implementation. Since this penalty may be directly imposed on people other than criminal, it must be said that this punishment
opposes some of the principles dominating these punishments. Despite the acceptance of the penalty of banishment in most schools
of penal law and regarding the dominance of the negative effects of this penalty over its positive effects, it must be said that the
penalty of banishment is not an appropriate one.
KEYWORDS: Compulsory Residence, Banishment, Punishment, Banishment Location, Rule of Punishment, Criminal
Of the punishments which has been mentioned to
confront with the criminal activities of a guilty person and
considering the oldness and historical record of its
implementation and also its expression in legal articles
such as articles 23, 24, 229, 243, 282, 283, 284, 285, and
309 of Islamic penal law [1], inspired by Imamie Fiqh
(Jurisprudence) approved in Ordibehesht , 1392, and other
penal laws is applied and implemented in practice, in
comparison with the period before Islamic revolution, is
the punishment of banishment [2,3].
The implementation of every punishment will
definitely have its own effects and consequences.
Banishment as a punishment of depriving freedom and as
an alternative to hanging is not an exception and has its
own positive and negative effects [4] Considering the
statistical studies and the findings of the research, it can
be stated that there are many factors such as the bad
conditions of weather of the location of banishment [5-8],
being away from the family, being labeled as criminal,
association with other people in the location of
banishment who have the same conditions, people’s
1
Corresponding author
distrust, being under severe social control in the
banishment location, not having an appropriate job in this
time, suffering from personality and psychological
problems in this period, the lack of desirable and
appropriate conditions to be corrected by the authorities
and lack of confidence to the society, all and all have
caused the decrease of the effects of this punishment
[9,10]. It must also be noted that regarding the economic
and social conditions which the banished person is
experiencing, more moral disorders, delinquency,
wrongdoing and even murders will be committed by this
person, instead of his behavior being corrected [11-13].
In this paper, it was attempted that the positive
and negative effects of this penalty be considered and
analyzed. Regarding the obtained results, it can be stated
that in order for every punishment such as banishment to
have desired effects and efficiency, some methods must
be employed to cure and morally correct the criminals in
addition to the penal methods to obtain the desired results
[14]. It can also be re-stated that implementing and
considering banishment as a Haddi punishment and
SANGARI ET AL.: THE CONSIDRATION OF POSITIVE AND NEGATIVE EFFECTS OF BANISHMENT ON THE…
sometimes also as a complementary one mentioned in
articles 23 and 24 of Islamic penal law, has some defects
which has led to the non-acquisition of the expected and
pre-defined goals of the implementation of this
punishment, and regarding the obtained results, it can be
said that the negative effects and consequences of
banishment dominate the positive results and effects. The
removal of the problems in this field and achieving the
pre-defined goals require the endeavor and efforts of
judicial and administrative organization authorities and a
comprehensive study of this punishment [15, 16].
On the other hand, due to some reasons such has
not having a guardian the banished criminals have to take
their family members to the place of their banishment.
Here, the principle of personalization of the punishments
is doubted, since this punishment of banishment has been
imposed on the spouse and children of the banished
person [17].
Among punishments, the penalty of banishment
has some features which can be called unique, since most
punishments’ natures are to whether physically torture the
convict, such as punishments of lashing, cutting body
members such as arms and legs, and retaliation, or to
completely deprive the convict of their freedom, such as
the punishment of imprisonment, or they are to limit and
cause financial loss to the convict, such as expropriation
and monetary penalty. It must be noted that if these kinds
of financial punishments are applied on rich people, they
may not exert a significant correctional effect on them.
The penalty of banishment, however, has a unique
feature, compared to these kinds of punishments. This
penalty does not directly cause physical torture and does
not lead to the banished person’s complete deprivation of
communication. The penalty of banishment, however,
does not cause financial loss to the convicts [18-23].
It must be noted that the implementation of the
punishment of banishment may not directly impose all
these effects on the convict and their family, but what
distinguishes this penalty from others is that these effects
are not directly observable and tangible. Due to these
excellent features and due to answering these questions
and removing the ambiguities which occur in this regard,
it has attempted in this research that the nature of this
penalty and the positive and negative effects of it
implementation be considered [24,25].
Despite the existence of a too old historical
background regarding banishment and the position of this
Indian J.Sci.Res. 7 (1): 831-839, 2014
punishment among others, the researcher, having
performed investigations in this regard, realized that no
field research has been done in this field, which has been
based on a field approach [26-28].
In legal and jurisprudent books it has only been
stated that if a person commits the crime x, will be
convicted to the punishment of banishment, but in none of
the mentioned books, the legal nature and basis of the
penalty of banishment has been coherently considered
[29].
The only book which has specifically considered
this punishment is the book of “Al-afye al-taghrib fi
masadere al-tashri’ al-eslami” authored by sheikh Najm al-Din Tabasi, published in Arabic language.
There is a thesis titled as “The possibility and the
way of implementing the punishment of banishment
Iran”, written by Miss Azade Kabari, which has
considered the implementation of these punishments and
has used library sources. The positive and particularly, the
negative effects of this penalty are considered in this
research [30, 31].
The Positive and Negative Effects of Implementing the
Penalty of Banishment
In this section, the positive and negative effects
of this penalty are investigated.
The Consideration of Positive Effects of the Penalty of
Banishment
The punishment of banishment as one of the
alternatives to hanging makes the compensation of the
probable mistakes possible, if any mistake happens on the
part of judicial authorities at the time of sentence issuance
and prevents the implementation of a severe penalty such
as hanging which takes the life of person before its
discovery. The penalty of banishment causes the people
who have extended the corruption in the society and also
earn money this way to become far away from the places
in which there are more possibility of their activities and
this way, the society becomes immune from the existence
of these people .The banished people have more limited
communication in the city being banished to and this
limitation and the lack of extensive social
communications can prevent their re-committing the
crimes [32].
SANGARI ET AL.: THE CONSIDRATION OF POSITIVE AND NEGATIVE EFFECTS OF BANISHMENT ON THE…
The Consideration of Negative Effects
Implementing the Penalty of Banishment
of
Another defect of the penalty of banishment is its
opposition with the principle of personalization of these
punishments, since having banished the convict, their
families lose their guardians and providing the costs of
living will be too difficult for them and this economic
poverty resulted from the banishment of the family
guardian can increase the possibility of the family
members committing crimes [33].
Being in the place of banishment regarding their
being fameless leads to the limited social control and
supervision of the society, and on the account of
unemployment and not-knowing people in the new city
,they may commit new crimes, whether individually or
collaboratively with other convicts [34,35].
Since banishment like imprisonment, causes a
distance between the banished convict and the family
members, friends and relatives in their hometown, it can
exert undesired psychological effects on the convict and
they may seize nervous and psychological illnesses. This
way, not only are not their correctional conditions
provided, but also some new problems will be created
[36].
According to its historical and cultural
background, every city definitely has its own ideas and
traditions and their residences may have a biased attitude
towards some places, times, etc. which is a part of their
exclusive culture. Now, having transferred the banished
person to a new city, this person may perform an activity
or state something which is not in accordance with the
new city residents’ cultures and beliefs, or something
which is considered as insults and this matter causes the
creation of some difficulties for the banished person and
leads to their rejection by the people of that city [37].
Choosing some cities and towns as the place of
banishment will certainly have many negative effects on
people of these cities; and causes the disagreement and
resistance of their residents against the implementation of
this punishment and the transferring of the convicts to
their cities. Besides, residents of other cities look at the
residents of the cities which are the place of banishment
with a negative attitude, which is not pleasant [33].
At the end, having considered the historical
background of the implementation of the penalty of
banishment in some countries and having studied the
Indian J.Sci.Res. 7 (1): 831-839, 2014
penal laws related to the punishment of banishment, it is
inferred that at current conditions of Iran, the
implementation of the penalty of banishment is not useful,
due to its defects such as opposition with the principle of
personalization of the punishments and the probability of
opposition with the principle of equality of punishments,
and the matter that it can increase the possibility of crime
commitment by other members of the banished person’s
family and also since due to the lack of social control and
supervision, the banished person may commit new crimes
in the new city being banished to and regarding the fact
that being far away from relatives and friends result in the
isolation and the exertion of psychological effects on the
banished person and considering the fact that the banished
person does not have the possibility of performing
economic activities in the new cities, and these
conditions, not only does not lead to the correction and
preparation of the convict to return to the society, but also
make more possible their collapse and removal from the
world of social activities. Therefore, the researcher
believes that not only the implementation of this penalty
is not useful, it also have several consequences [38].
The Field Research on the Positive and Negative
Effects of Banishment
The Statistical Sample
The data sampling method used in this research
is the available stratum sampling.
The sample size was determined as 250 people.
112 judges, 104 personnel of the police force and 34
convicts were selected.
The Time and Place of the Research
This research was performed in
Data Extraction and Data Analysis
Having collected the required data using
questionnaire, the data is coded and entered the computer.
Using SPSS software, the data is analyzed both
descriptively and inferentially.
Methods such as t- test and Chi- square test were
used in this consideration.
SANGARI ET AL.: THE CONSIDRATION OF POSITIVE AND NEGATIVE EFFECTS OF BANISHMENT ON THE…
Interpretation
DATA ANALYSIS
Table 1: The Descriptive Statistics Related to the Age
of the Convicts
Standard
Deviation
5.01584
Mean
Maximum
Minimum
Number
30.4118
39.00
22.00
34
Table 2: The Descriptive Statistics Related to the
Convicts’ Marital Status
Frequency Percentage
50.0
50.0
Frequency
17
17
Single
single
Table 3: The Descriptive Statistics Related to the
Background of Convicts’ Banishment
Frequency
Percentage
55.9
Frequency
19
44.1
15
They have previous record
They do not have previous
record
This hypothesis seeks to answer the question
whether banishment is legally different from compulsory
residence in a determined place or not.
T- Test is used to answer this question. The results are as
follow:
Table 4: The result of T- test
Significance Level
< 0.001
Interpretation
Table 6: Investigation of T-test
The Amount of T-Statistics
- 12.49
Significance Level
< 0.001
The T-test statistics is -12.49 and the
significance level is less than 0.001. Therefore, it is
concluded that the punishment of banishment is not in
line with the principle of personalization of punishments.
Hypothesis 4
The aim of this hypothesis is to investigate
whether the punishment of banishment is in line with the
principle of equality of punishments. T-test is used to find
the answer. The results are as follow:
Table 7: Investigation of T-test
The Amount of T-Statistics
10.86
Significance Level
> 0.999
The T-test statistics is 10.86 and the significance
level of the test is more than 0.05. Therefore, it is
concluded that the punishment of banishment is in line
with the principle of equality of punishments.
Hypothesis 5
Hypothesis 2
The aim of this hypothesis is to realize that
whether banishment is legally different from the
prohibition from living in a determined place. To
investigate this question, T- test is used. The results are as
follow:
Table 5: Investigation of T-test
Indian J.Sci.Res. 7 (1): 831-839, 2014
This hypothesis seeks to investigate whether the
punishment of banishment is in line with the principle of
personalization of punishments or not. T-test is used to
consider this question.
Interpretation
The T-test statistics is 8.92 and the significance
level is less than 0.001. Therefore, it is concluded that
there is a significant difference between banishment and
the compulsory residence in a determined place in terms
of legal issues.
The Amount of T-Statistics
8.60
Hypothesis 3
Interpretation
Hypothesis 1
The Amount of T-Statistics
8.92
The T- test statistics is 8.60 and the significance
level is less than 0.001. Hence, we realize that there is a
significant difference between banishment and prohibition
from living in a determined place.
Significance Level
< 0.001
This hypothesis aims at investigating whether the
punishment of banishment should be implemented in case
of Haddi crimes or not.
T-test is used to investigate this hypothesis. The
results are as follow:
Table 8: Investigation of T-test
The Amount of T-Statistics
22.36
Significance Level
< 0.001
SANGARI ET AL.: THE CONSIDRATION OF POSITIVE AND NEGATIVE EFFECTS OF BANISHMENT ON THE…
Interpretation
Interpretation
The T-test statistics is 22.36 and the significance
level of the test is less than 0.001. Therefore it is accepted
that the punishment of banishment should be
implemented in case of Haddi crimes.
The significance level of the test is less than
0.001. Therefore, it is believed that punishment of
banishment is more effective on men.
Hypothesis 6
This hypothesis attempts to investigate whether
the punishment of banishment should be implemented in
case of non- Haddi crimes
T-test is used to investigate this question. The results are
as follow:
Table 9: Investigation of T-test
The Amount of T-Statistics
- 26.89
Significance Level
> 0.999
Interpretation
The t-test statistics is -26.89 and the significance
level of the test is more than 0.05. Therefore, it is
concluded that the punishment of banishment should not
be implemented in case of non-Haddi crimes.
Hypothesis 7
This hypothesis seeks to investigate that whether
the punishment of banishment is more effective in
producing public fear of committing the crime or in
correcting the criminal. T-test is used in investigating this
question.
Table 10: Investigation of T-test
The Amount of T-Statistics
14.76
Significance level
< 0.001
Interpretation
The t-test statistics is 14.76 and the significance
level of the test is less than 0.001. Therefore, it is
concluded that the punishment of banishment is more
effective in producing public fear of committing the
crime, rather than in correcting the criminal.
Hypothesis 8
This hypothesis attempts to realize that on what
sex the punishment of banishment is more effective. Ttest is used to investigate this question. The results are as
follow:
Table 11: Investigation of T-test
The Amount of T-Statistics
32.92
Indian J.Sci.Res. 7 (1): 831-839, 2014
Significance Level
< 0.001
Hypothesis 9
This hypothesis attempts to investigate that on
which age level the punishment of banishment is more
effective. Chi-square test is used to investigate this
question. The results are as follow:
Table 12: Investigation of T-test
The Amount of T-Statistics
35.86
Significance Level
< 0.001
Interpretation
The significance level of this test is less than
0.001. Therefore, it is concluded that the punishment of
banishment is more effective on people aged 25-40 years
old.
Hypothesis 10
This hypothesis seeks to answer this question
whether the punishment of banishment has more positive
effects or negative ones. In order to investigate this
question, t-test is used. The results are as follow:
Table 13: Investigation of T-test
The Amount of T-Statistics
- 23.10
Significance Level
< 0.001
Interpretation
The T- test statistics is -23.10 and the
significance level of the test is less than 0.001. Therefore,
it is concluded that the punishment of banishment has
more negative effects.
Hypothesis 11
In this hypothesis, it is tried to find out whether
the punishment of banishment can satisfy all aims of
implementing a punishment. Chi-Square test is used to
investigate this question. The results are as follow:
Table 14: Investigation of T-test
The Amount of T-Statistics
28.34
Significance Level
< 0.001
Interpretation
The significance level of this test is less than
0.001. Therefore, it is believed that the punishment of
banishment cannot satisfy all the aims of the
SANGARI ET AL.: THE CONSIDRATION OF POSITIVE AND NEGATIVE EFFECTS OF BANISHMENT ON THE…
implementation of a punishment. Having mentioned these
issues, we are looking for suggestions to correct or
complete the administrative regulation of the punishment
of banishment.
Hypothesis 12
This hypothesis seeks to answer the question that
weather probation is effective or not in case of those
exiles who show good behavior. T-test is used to answer
this question. The results are as follow:
Table 15: Investigation of T-test
The Amount of T-Statistics
11.40
Significance Level
< 0.001
Interpretation
T-test statistics is 11.40 and the significance
level of the test is less than 0.001. Therefore, it is realized
that probation is effective in case of the exiles that show
good behavior.
Hypothesis 13
The aim of this hypothesis is to realize whether
replacing banishment with prohibition from living in
some particular places after showing good behavior is
effective or not. T-test is used to investigate this question.
The results ate s follow:
Table 16: Investigation of T-test
The Amount of T-Statistics
13.91
Significance level
< 0.001
Interpretation
T-test statistics is 13.91 and the significance
level is less than 0.001. Therefore, it is concluded that
replacing banishment with prohibition from living in
some particular places after showing good behavior is
effective.
Hypothesis 14
This hypothesis seeks to investigate whether
changing the place of banishment to a more suitable one
after showing good behavior is effective or not. T-test is
used to investigate this question. The results are as follow:
Table 17: Investigation of T-test
The Amount of T-Statistics
11.53
Indian J.Sci.Res. 7 (1): 831-839, 2014
Significance Level
< 0.001
Interpretation
T-test statistics is 11.53 and the significance
level of the test is less than 0.001. Therefore, it is
concluded that changing the place of banishment to a
more suitable one after showing good behavior is
effective.
RESULTS
In the present research, the punishment of
banishment is mentioned as the dependent variable and
cases stated in 14 hypotheses, such as investigation of
banishment being in line with the principle of
personalization of punishments, the investigation of
banishment with the principle of equality, the
implementation of the punishment of banishment in
Haddi and non-Haddi crimes, the consideration of the
aspect of public fear or the correction of the criminal
during banishment, age, probation, satisfying the required
goals of implementing the punishment of banishment, and
changing the place of banishment are mentioned as the
independent variables.
Considering banishment and compulsory
residence in a determined place and regarding the amount
of t- test statistics of 92.8 and the significance level of the
test, there is a significant deference between these 2
items.
Regarding banishment and the prohibition from
living in a determined place and regarding the amount of
t-test statistics of 8.60 and the significant difference
between these two items, there is a significant deference
between these 2 items.
Regarding the harmony of the punishment of
banishment with the principle of personalization of the
punishments and regarding the amount of t-test statistics
of -12.49 and the significance level of the test, it is
concluded that the punishment of banishment is not in
harmony with the principle of personalization of the
punishments.
Regarding the harmony of the punishment of
banishment with the principle of equality of punishments,
it is concluded that the punishment of banishment is not in
harmony with the principle of equality of punishments.
Regarding the implementation of the punishment
of banishment in Haddi crimes and considering the
amount of t-test statistic of 22.36 and the significant level
SANGARI ET AL.: THE CONSIDRATION OF POSITIVE AND NEGATIVE EFFECTS OF BANISHMENT ON THE…
of the test, it can be concluded that the punishment of
banishment must be applied in case of Haddi crimes.
Regarding the implementation of non-Haddi
crimes and considering the amount of t-test statistics of 26.89 and the significance level of the test, the nonimplementation of the punishment of banishment in case
of non-Haddi crimes is preferred.
On the investigation of the fact that weather the
punishment of banishment is more effective in creating
the public fear of committing the crime or in correcting
the criminal, it can be said that banishment is more
effective in creating public fear from committing the
crime, rather than correcting the criminal.
On the effectiveness of the punishment of
banishment on male or female sex, regarding the amount
of t-test statistics and the significance level of the test, it
can be concluded that banishment is more effective on
men.
On the effectiveness of banishment on age
levels, regarding the obtained statistics, it was
demonstrated that banishment is more effective on age
levels of 25-40.
On the investigation of positive and negative
effects of banishment regarding the amount if t-test
statistics of -23.10 and significance level of the test, it can
be stated that the punishment of banishment will have
more undesirable consequences, rather than positive
effects.
On reaching the goals of the implementation of
the punishment of banishment, considering the amount of
t-test statistics and its level of significance, it is believed
that the punishment of banishment cannot satisfy all the
pre-defined aims of the implementation of the
punishment.
On the enforcement of probation in the exiles
who demonstrate good behaviors, considering the amount
of t-test statistics of 11.40 and its level of significance, it
can be concluded that the enforcement of probation is
effective on the exiles’ correction.
On changing banishment after good behavior of
the exiles to the punishment of prohibition from living in
particular places, regarding the amount of t-test statistics
and its significance level, it is believed that changing
banishment after good behavior to prohibition from living
in particular places is effective.
Indian J.Sci.Res. 7 (1): 831-839, 2014
On the matter of changing the place of
banishment to a more suitable one after good behavior,
regarding the amount t-test statistics of 11.53 and its
significance level, it is accepted that changing the place of
banishment to a more suitable one after good behavior is
effective.
Regarding the performed considerations,
banishment is mentioned as a main punishment, and
legally speaking, it is different from living in a
determined place and the prohibition from living in a
determined place. Banishment as a penalty is not in
harmony with several current principles, such as the
principles of personalization of punishments.
While discussing banishment as a main
punishment, we see that this punishment has had more
adverse results, rather than correcting the criminals. The
harmful consequences of this punishment being imposed
on the person, society and their family cannot be
compensated and sometimes the family of the convicts
cannot be immune from the social damages and moral and
economic disorders.
CONCLUSION
On the resultant effects of implementing the
penalty of banishment, it can be said that despite the
positive effects of this punishment, its negative effects are
more obvious due to the lack of specialized and scientific
regulations in this field and the defects of implementing
these punishments; and these defects have taken this
punishment away from its real nature and philosophy and
has caused its non-efficiency on criminal correction and
prevention of the repetition of the crime.
On legal and penal justification of these
punishments, the investigations show that this punishment
is devoid of any correctional aspect and its negative
points are more than its positive ones, because as was
mentioned, considering the lack of equipments and
precise executive rules and its negative consequences
resulted from implementing this penalty on convicts and
their relatives and the people of the city of banishment, it
can be said that the implementation of this punishment is
not very much effective from legal point of view,
especially due to the fact that the implementation of this
penalty lacks specialized and comprehensive regulation.
Besides, the banished convicts in the city of
banishment are prone to committing new crimes due to
the lack of social supervision and control and economic
SANGARI ET AL.: THE CONSIDRATION OF POSITIVE AND NEGATIVE EFFECTS OF BANISHMENT ON THE…
problems; and the family of the convict loses its guardian
which definitely causes some problems for them.
One of the aims of implementing punishments
followed by Islam and the penal law is to correct the
criminals and send them to the society and their families.
Regarding the obtained statistics, however, having direct
interviews with the banished convicts, seeking help from
scholars and specialists in the field, distributing and
completing questionnaires, and then the considering the
obtained information, it can be concluded that the
consideration and implementation of the penalty of
banishment will not lead to the achievement of all the predefined goals by the legislator and we will see its harmful
consequences in practice.
Moreover, the interpretation of the statistics
shows that the penalty of banishment does not seem an
appropriate penalty. Considering the independent
variables and their relations with the research dependent
variable (banishment), it can be re-stated that these
factors, their mutual effects and other secondary
conditions in between will not change banishment to a
penalty which prevents other crimes and also the
prohibition of re-committing those crimes which result in
banishment.
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