Mehdi Khaghani Esfahani; Mohammad Ali Hajidehabadi
Abstract
Theorizing and commentating in the field of criminal policy is severely needed for our country on the note that lack of a solid and coherent domestic pattern for managing reactions against crime and deviance will cause disharmony among responsible governmental sectors, and this will in turn cause a decrease ...
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Theorizing and commentating in the field of criminal policy is severely needed for our country on the note that lack of a solid and coherent domestic pattern for managing reactions against crime and deviance will cause disharmony among responsible governmental sectors, and this will in turn cause a decrease in criminal justice factors in the Iran. Although paving the path toward criminal justice in Iran is first of all and naturally influenced by Islamic teachings, the term ‘Islamic Criminal Policy’ confronts many theoretical and practical challenges religious and legal literature in our country; challenges that should be recognized and solved whereas if not, we cannot claim preparation for moving towards designing ‘the theory of Islamic-Iranian Criminal Justice’. Studying the performed research in the country in the field of criminal policy shows that there are a couple of important dialogues in this regard. As we can consider ethical dialogues which are specifically in the field of criminal policy which are indirectly effective on basics, structure, and changes in Islamic criminal policy. This paper intends to use an analytical dialectics approach in order to perform a pathology on both famous and effective approaches with insist on philosophy of Fiq-h, and describes how a relation may be established between policies ruling over criminal Fiq-h and Islamic criminal policies. The final goal of this research is to draw a framework of Islamic criminal policy which itself is a part of a broader theory; namely, the Islamic Iranian pattern of criminal policy.
