The Perspective of Islamic Criminal Policy Towards the Doctrine of Securitization in Dealing with Crimes

Author (s) : Dr. Mohammad Ebrahim Besharti
Institution : Assistant Professor at Al-Mustafa (PBUH) University in the Field of Jurisprudence and Judicial Law with a Focus
on Criminal Law and Criminology, Iran
Category : Article, IJMMU
Topics : Islam; Criminal Policy; Securitization; Crime; Punishments

The set of responses that society adopts in dealing with the pervasive phenomenon of crime and offenses, considering the Islamic approach to the doctrine of securitization, has been the subject of this research. By referring to Islamic jurisprudential and legal sources through data analysis and description, the hypothesis was proven that in Islamic security-oriented criminal policy, the two elements of crime and
offenses on the one hand and security as an undeniable necessity on the other hand, have never been considered as a general illusion, and therefore it has significant differences with the idea of securitization
in Western criminal policy. The main differences that distinguish Islamic criminal policy from Western criminal policy in the area of security control and containment of crime are, in addition to the area of legislation, which is mostly within the jurisdiction of the legislative body to criminalize behaviors and abandon behaviors, the judge’s authority to determine the type of punishment, as well as the police having a certain amount of authority to monitor the identity of individuals in public places and streets. Some differences can also be observed in the area of implementation. For example, in Islamic criminal policy, judges and witnesses, given the special sensitivity that exists regarding their role in achieving rights and administering justice, must be characterized by the characteristics of justice. In addition to the description of justice, the number of witnesses is also a condition, commensurate with the importance of the crime and social deviations and the overall content of legal and criminal cases, while we did not observe such an issue in Western security-oriented criminal policy.

Article can be downloaded here >> https://ijmmu.com/index.php/ijmmu/article/view/6834/5466