Discovering the purposeful approach of Islamic criminal law in terms of Imami jurisprudence

Document Type : Original Article

Authors

1 Academic staff member and assistant professor of Amin University of Police Sciences

2 Master's student of criminal law and criminology of Faran Mehr Danesh Virtual Education Institute

3 Assistant Professor of Amin Police Sciences University

10.30510/psi.2022.357812.3876

Abstract

That Sharia has purposes is an unquestionable issue, because the lack of purpose and purpose in Sharia rules requires that they be nullified. Valid religious texts and texts and common sense also indicate the purposefulness of Islamic Sharia; As the Holy Qur'an in many verses not only lists results and goals for sending messengers and sending down books, but also sometimes states special purpose or purposes for minor rulings and wisdom.
In this research, in order to find an answer to the question, "What is the purposeful approach of Islamic criminal law in terms of Imami jurisprudence?" and achieving goals such as; Explaining the purpose of the difference between male and female dowry, explaining the purpose and manat of the rulings of Hudud and explaining the purposes of the Sharia in the difference between Muslim and non-Muslim rulings in retribution in a descriptive and analytical way and with a library method to "Discover the purposeful approach of Islamic criminal law from the perspective of Imami jurisprudence." " Been paid. According to the research, it should be said; In Islamic criminal law, the mere act of committing a crime does not lead to the execution of punishment; Rather, the punishment should be carried out according to the desired objectives and the existence of the previous conditions for the execution the punishment and the realization of the interests of the individual and the society; In this regard, the main goal is to reform the perpetrator and suffering is not the primary goal

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