Since past times there have been differences between the views of a number of jurists and lawyers on the nature of “execution” ,of crimes, especially discretionary crimes ofdrug trafficking and after The classification of discretionary crimes according to Article19 of the Penal Code Act 92 of Islamic law and the lack of mentioning “execution” punishment in this Article, the dispute has gotten deeper and deeper.Differing views and arguments that jurists and scholars offer to prove their theory are in a way that causes some of the judges and staff to face serious challenge in their fight against drugs. In this paper, after giving an introductory definition of punishment , corrupton earth and war and differences between the discretionary punishment and Islamic prescribed punishment, the different views of Some of jurists and lawyers on the nature of the death penalty in drug trafficking have been investigated. After defining the crimeand discretionary punishment and Islamic prescribed punishment and expressing their differenceswith each other, Theory of some jurists that believe “discretionary offenses punishment should be less than Islamic prescribed punishment and in discretionary crimes such as drug trafficking we cannot determine death penalty”(first group) is discussed indetail. Then the idea of some other jurists who believe that “although discretionary penalties for crimes should be somewhat lower and less than prescribed punishment but Theexecution punishment for the drug trafficker is not because of discretion But considered as an example of corruption on the earth. And the execution order of drug trafficker canbe issued under the title of “corruption on the earth”(second group). And finally views of third group that referring to Islamic law and verdicts rejects the view of other two groupsand believe that “in cases where the interests of the Muslim community indicates, the judge (clerical) taking into account the specific situation of social, spatial and temporal is able to issue execution penalty for discretionary crimes, especially drug traffickers. Atthe end, in addition to discussing results and analyzing the comments of all three groups, appropriate strategies and suggestions are presented to eliminate existing ambiguities.