Decriminalization in Islamic Criminal Policy

Author (s) : Dr. Adel Sarikhani1 ; Abdul Qayyum Mahmoudi Kisavi2
Institution : 1 Professor of Law Faculty of Qom University, Iran
Category : Article, IJMMU
Topics : Inflation; Criminal; Decriminalization; Crisis, Emergency; Crime; Expediency; Harm

Inflation is acceptable in formal criminal laws and problematic in substantive criminal laws. Because this issue causes the government’s expenses to rise, the crime rate to increase, society’s incompatibility with the law, and the inability of criminal policy to prevent crime. So, the main question is how is it possible to decriminalize fixed and variable crimes based on Islamic criminal policy? The scientific achievement of the research is that the study of the foundations and principles of Islamic Sharia makes it clear that decriminalization does not face a jurisprudential problem when faced with secondary titles and social necessities and in the section of punishments or punishments that are considered deterrent by the ruler of Sharia. The purpose of the research is to help educational institutions, planning and students of Sharia and Jurisprudence so that they are not afraid of dealing with the fixed aspect of Islamic rulings and can remove obstacles if secondary titles appear. The research has been compiled using the library method and the study of written sources.

Article can be downloaded here >> https://ijmmu.com/index.php/ijmmu/article/view/6823/5462