Human Nature and its Position in Criminology Schools and Criminalization Policy in Islam

نوع مقاله : علمی

نویسندگان

چکیده

Studying deviance as a behavior of a creature called human requires understanding the human being, his nature, and his position. Some groups believed in human freedom and that he has 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 criminology schools, as well as from the perspective of criminal policy in Islam. Criminology schools have long differed on whether humans have free will or are controlled, whether criminals are members of society or are 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. Islam's view of criminal behavior, its factors, and causes is unique and distinctive. On the one hand, Islam views humans as honored by the Creator, God's vicegerent on Earth, and created by the breath of the divine spirit. On the other hand, it describes deviant individuals as like livestock, even more astray, or as blind, etc., which 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-Allamah al-Hilli (1410 AH). Al-Risalah al-Sa'diyyah, published by the Library of Ayatollah al-Mar'ashi al-Najaf, Qom.
    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. Al-Hurr Al-Amili Muhammad bin Al-Hassan Wasa'il Al-Shia, Ahl Al-Bayt Foundation for the Revival of Heritage - Qom
    5. Al-Suyuti, Abd al-Rahman ibn Abi Bakr. Tafsir Dar al-Manthur, published by Dar al-Kutub al-Iraqiyah, lithographic printing.
    6. Christian Lazargue (1390). From Criminal Politics to Criminal Policy, translated by Ali Hossein Najafi Abrandabadi (translator's introduction to the first edition), Mizan Publishing House, second edition, summer 1390.
    7. Dehkhoda, Ali Akbar (1373). Al-Mu'jam, Tehran, University of Tehran, subtitle "Punishment."
    8. Frank B., Williams, Mary Lynn D., McShane (2013). Theories of Criminology, translated by Dr. Hamidreza Malek Mohammadi, Tehran, Mizan Publishing House.
    9. Jan, Bradel (1373). History of Penal Ideas, translated by Ali Hussein Najafi Abrandabadi, Tehran.
    10. Ki Nia, Mahdi (2013). Fundamentals of Criminology and Criminal Sociology, Tehran University Publications.
    11. Majlisi, Mohammad Baqir (1892). Bihar al-Anwar, Tehran, Dar al-Kutub al-Islamiyya.
    12. Marc Ansel (1375). Social Defense, translated by Mohammad Ashouri and Ali Hossein Najafi, Tehran, Tehran University.
    13. Mesbah Yazdi, Mohammad Taqi (1380). Towards Self-Improvement, by Karim Sobhani, Qom, Education Foundation.
    14. Mohammadi Rey Shahri, Mohammad. Mizan al-Hikmah, Dar al-Hadith Publishing House.
    15. Mohseni, Morteza (1382). Principles of Penal Law, Volume 1, Tehran Publications.
    16. Motahhari, Morteza. Collection of Works.
    17. Noorbaha, Reza (2010). The Field of General Criminal Law, Tehran, Ganj-e Danesh Publications, 14th Edition.
    18. Sanei, Parviz (1371). General Criminal Law, Tehran, Ganj-e Danesh.
    19. Sheikh Al-Kulayni Muhammad ibn Ya'qub, The White Path, Principles (Usol) of Kafi. Publisher: Islamic Book House Tehran
    20. Sheikh al-Saduq, Al-Amali, (1417 AH). Written by Dar al-Hikmah al-Imaniyah, Sana'a, first edition.