Iran's Legislative and Judicial Policy on Imprisonment and Its Effect on the Family

Document Type : Original Article

Authors

1 Imam Sadegh university,Iran,Tehran

2 The T.A.Imam Sadegh university,iran,tehran

Abstract

In addition to deciding imprisonment, it is important to consider the results of such decision. The family of the convicted is the most significant entity that is negatively impacted by such a punishment. This research was a basic-theoretical study. Extrajudicial, judicial, and underjudicial resolutions in Iran can be reviewed in terms of legal considerations. Given the philosophy of Islamic punishment in Islamic penal policy, punishment is described attracting expediency and repelling evil, and the foundation of such laws is nothing more than jurisprudential laws. The findings showed that Islamic penal policy, which serves as a model of theological penal policy as opposed to western penal policy, which is a nontheological penal policy, outperforms in addressing the detrimental effects of imprisonment on the family of the convicted. Accordingly, despite its importance in Islamic penal policy, imprisonment does not have an irrevocable priority, and there are alternatives to imprisonment depending on the circumstances. given the importance of the role of the family in providing necessary performance in educating individuals on the one hand, and the possibility of family dissociation as a result of various factors including imprisonment on the other, laws of imprisonment can be established, issued, enacted while considering family consolidation.

Keywords

Political Sociology of Iran
Volume 4, Issue 4 - Serial Number 16
February 2022
Pages 1504-1531

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