.The nature of man and his position in schools of criminology and the policy of criminalization in Islam

نوع مقاله : علمی

نویسندگان

چکیده

The study of deviance as the behavior of a creature called human requires an understanding of the human being, his nature, and his status. Some groups believed in human freedom and free will, while others believed he was forced and controlled. Some considered him a purely rational being, while others viewed him as subject to illogical planning. Some evaluated him holistically, while others preferred to analyze his personality piece by piece. This study relies on a multidisciplinary analytical and descriptive approach using a comparative approach, derived from most research in criminal law. It addresses anthropological issues from the perspective of schools of criminology, as well as from the perspective of criminal policy in Islam. The opinions of schools of criminology have always differed regarding whether humans have free will or are controlled, whether criminals are members of society or rejected by it, whether they are like microbes or parasites that must be eliminated to protect society, or whether they are honorable members of society but out of harmony with it and in need of assistance for social integration. Because Islam's view of criminal behavior, its factors, and causes is unique and distinctive, on the one hand, Islam views man as honored by the Creator, God's vicegerent on Earth, and created by the divine breath. On the other hand, it describes deviant individuals as being like livestock, even more astray, or like the blind, and so on. This calls for careful study and investigation. I hope that analyzing these positions will contribute to the development of new theories in criminology and criminal policy, as well as practical solutions to reduce the commission of crimes.

کلیدواژه‌ها

موضوعات


  1. The Holy Quran
    Nahj al-Balagha
    1. Al-Amali, Shaykh al-Saduq (1417 AH). Authored by Dar al-Hikmah al-Imaniyah, Sana'a, first edition.
    2. Al-Bahrani, Sayyid Hashim (1393 AH). Tafsir al-Burhan, Dar al-Kitab al-Ilmiyyah, Qom, 3rd edition.
    3. Al-Bukhari, Muhammad ibn Ismail (1414 AH). Sahih al-Bukhari, Beirut, Dar Ibn Kathir.
    4. Jan, Bradel (1373). History of Penal Ideas, translated by Ali Hussein Najafi Abrandabadi, Tehran.
    5. Dehkhoda, Ali Akbar (1373). Al-Mu'jam, Tehran, University of Tehran, subtitle "Punishment."
    6. Al-Suyuti, Abd al-Rahman ibn Abi Bakr. Tafsir Dar al-Manthur, published by Dar al-Kutub al-Iraqiyah, lithographic printing.
    7. Al-Allamah al-Hilli (1410 AH). Al-Risalah al-Sa'diyyah, published by the Library of Ayatollah Mar'ashi Najafi, Qom.
    8. Frank B., Williams, Mary Lynn D., and McShane (2013). Theories of Criminology, translated by Dr. Hamid Reza Malek Mohammadi, Tehran, Mizan Publishing House.
    9. Christian Lazargue (1390). From Criminal Policy to Criminal Politics, translated by Ali Hossein Najafi Abrandabadi (translator's introduction to the first edition), Mizan Publishing House, second edition, Summer 1390.
    10. Ki Nia, Mahdi (2013). Fundamentals of Criminology and Criminal Sociology, Tehran University Publications.
    11. Mark Ansel (1375). Social Defense, translated by Mohammad Ashouri and Ali Hossein Najafi, Tehran, Tehran University.
    12. The White Path, The Principles of Kafi.
    13. Mohseni, Morteza (1382). Principles of Penal Law, Volume 1, Tehran Publications.
    14. Mohammadi Rey Shahri, Mohammad. Mizan al-Hikmah, Dar al-Hadith Publishing House.
    15. Majlisi, Muhammad Baqir (1892). Bihar al-Anwar, Tehran, Dar al-Kutub al-Islamiyya.
    16. Misbah Yazdi, Muhammad Taqi (1380). Towards Self-Improvement, by Karim Sobhani, Qom, Education Foundation.
    17. Motahhari, Morteza. Collection of Works.
    18. Noorbaha, Reza (2010). The Field of General Criminal Law, Tehran, Ganj-e Danesh Publications, 14th Edition.
    19. Wasa'il al-Shi'a.
    20. Sanei, Parviz (1371). General Criminal Law, Tehran, Ganj-e Danesh.