المؤلفون
1 أستاذ مشارك، قسم الحقوق، كلية العلوم الإنسانية، جامعة آزاد الإسلامية، قم
2 طالب دكتوراه في القانون الجنائي وعلم الجريمة، قم، جامعة آزاد الإسلامية فرع قم.
المستخلص
الكلمات الرئيسية
الموضوعات الرئيسية
عنوان المقالة [Persian]
المؤلفون [Persian]
ABSTRACT
The criminal policy in Islam has its principles, methods and foundations. If we want to understand this school of thought in the field of criminal law, it is necessary to have a complete understanding of all aspects of criminal policy, including legislative, judicial and executive; so that we can provide a comprehensive vision in this field. The Islamic criminal policy has confronted tyranny with these methods and principles. If we compare the model of criminal policy in Islam with the authoritarian model, we will find significant fundamental differences between them; The two cannot be compared, and these characteristics make the model of Islamic criminal policy appear as a unique model to be emulated in legislation. According to the criminal policy in Islam, the leader of the country is not considered above the law, although he enjoys absolute authority powers. The separation of powers, especially the issue of the independence of the judiciary and judges, is one of the principles that the rules of Islamic jurisprudence have clearly and explicitly defined. The weakness of social institutions does not appear in the model of Islamic criminal policy, and the response to crime and deviation is not always in the hands of the government; because the teachings related to enjoining good and forbidding evil are among these social manifestations in responding to crime and deviation. Covering up guilt, abolishing criminalization, institutions of repentance, and rules such as the principle of "prevention" and the principle of "innocence" are among the bright and strong evidence to claim that the criminalization policy in Islam clearly conflicts with tyranny.
الكلمات الرئيسية [Persian]
)