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Article . 2017
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The Rational and Devotional Disputes into Criminal Islamic Jurisprodence: An Introduction to a Criminal Policy in Iran

Authors: Mahdi Khaghani Esfahani;

The Rational and Devotional Disputes into Criminal Islamic Jurisprodence: An Introduction to a Criminal Policy in Iran

Abstract

Historical challenging period of political authoritarianism in Iran has affected the criminal policy’s ineffectiveness. Public law and especially criminal policy in its both sources - Shiite jurisprudence and western legal thought - has experienced numerous challenges due to the lack of an active and continuous communication between those resources, and also due to the divergence of a broad range of formal and informal norms. Two other flaws in the traditional Islamic criminal policy are the lack of enough attention to Iranian criminal sociology, and the lack of consistency with contemporary collective wisdom. But the most important problem of the current criminal policy is the unavailability and lack of attention to the need for interdisciplinary teaching and neglecting the role of philosophical, sociological, and especially managerial aspects of criminal policy. Suffice to Fiqhi method is sign of limitation in this traditional flow. Scholars support this process, try to introduce the Islamic criminal policy with just Fatwa method; meanwhile criminal policy is not an arbitration-oriented science, and is a constructive paradigm-based science. This article, after criticizing the level, extent and state of presenting Fiqh in contemporary Iranian criminal policy, points to the capacity of other interpretations of Islam (such as Maqasidi Fiqh) in planning the local criminal policy pattern; and it also shows some commons of Islamic rationality and Western rationality in designing this local theory. Under the hypothesis of this article, the most important factor limiting the freedom and inadmissible resorting to violence in soft layers of subjective and objective approaches to criminal policy, including: theoretical foundations weakness, weak social base to believe in culture of participation in the public sphere, the lack of serious commitment to codify Islamic-Iranian model of progress.

Subjects by Vocabulary

Library of Congress Subject Headings: lcsh:Political science lcsh:J

Keywords

Criminal policy; Systematic model; Rational Islamic Jurisprudence; Ideological authoritarianism

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  • citations
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
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popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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