The Philosophy of Punishment in Islam and Statute
Abstract
The philosophy of punishment, which in terms of epistemology is a kind of philosophy of / mozaf philosophy, deals with the why and the basis of punishment and serves as an answer to the question of why we punish. Regarding answering this question, the subject law has tended towards two approaches, punitive and utilitarian. The first approach is retrospective and is concerned with punishment and the implementation of justice, and the second approach is looking for benefits. In the meantime, the study and analysis of Islamic sources reveal the fact that Islam's view of the philosophy of punishment is more comprehensive and coherent, and in addition to the characteristics and strengths that originate from the revelation of its teachings, there are elements of the punitive and utilitarian approach. In this research, the author has found that the philosophy of punishment in Islam, in addition to paying attention to justice as a basic principle in all Islamic rules and regulations, pays attention to the individual and social goals of punishment.
Keywords
Full Text:
PDFReferences
The Holy Quran
A group of writers, 2006. Punishment from the point of view of jurisprudence and criminal law, Qom, Research Institute of Islamic Culture and Thought, first edition.
Fayoumi, Ahmad bin Muhammad. beta Misbah Al-Munir, Dar al-Razi Publications, Qom, first edition.
Ghorbania, Nasser, 2001, Essay on the philosophy of punishments in Islamic criminal law, Rowaq Andisheh, No. 3.
Goldouzian, Iraj, 2005, Basics of General Criminal Law, Tehran, Mizan, 12th edition.
Goldouzian, Iraj, 2012, Essentials of General Criminal Law, Tehran, Mizan, 12th edition.
Haji Dehabadi, Ahmed, 2008, Rules of Criminal Jurisprudence, Qom, Hoza and University, first.
Haji Moghimi, Abul Qasim, Philosophy of Punishment in Islam, Fiqh Ahl al-Bayt Journal, No. 51.
Hekmatnia, Mahmoud, Essay on Philosophy of Law, Islamic Wisdom Institute website.
Hosseini, Seyyed Mohammad. 2019. Criminal policy in Islam and the Islamic Republic of Iran, Tehran, Samt, second edition.
Ibn Manzoor, 1993, Lasan al-Arab, Beirut, Dar al-Esq, third edition.
Ibrahim Pourlialestani, 2008, Purposes and principles of punishment, Bostan Kitab Institute, Qom, first edition.
Islamic Penal Code.
Khoei, Abolghasem, 2001, Basics of Takmala al-Manhaj, Imam Al-Khoei Institute for the Restoration of Antiquities, Qom, first edition, vol.2.
Makarem Shirazi, Nasser and others, 1994. Sample interpretation, Darul Kitab al-Islamiya, Tehran, vol. 19.
Mazlouman, Reza, 1976, Criminology, Tehran, National University of Iran, first edition, vol.2.
Ministry of Justice, Criminal Code of Afghanistan.
Mohammad Ali Haji Dehabadi. 2013. Presentations of the criminology course of the professor of the specialized high school of jurisprudence, department of jurisprudence, and judicial law.
Mohed, Mohammad Ali, 2002, In the air of justice and justice, Tehran, Karnameh publication, first edition.
Najafi, Mohammad Hassan, 1983, Jawaharlal Kalam, Beirut, Revival of Al-Trath Al-Arabi, 7th edition, vol. 41.
Noorbha, 2006, The field of general criminal law, Tehran, Mizan.
Qiyazi, Jalaluddin, and others, 2006, Comparative study of general criminal law (Islam and subject law), research center and university, Qom, vol.1.
Tabatabai, Mohammad Hossein, 1996, Al-Mizan fi Tafsir al-Qur'an, Al-Alami Press Institute, Beirut, vol. 19.
Victims. 2012. Presentations of the philosophy of law course, specialized high school of jurisprudence, field of jurisprudence, and judicial law.
Zafari, Mohammad Reza, 1998, Fundamentals of justice in Islamic criminal law, Tehran, Amir Kabir.
DOI: http://dx.doi.org/10.18415/ijmmu.v11i6.5894
Refbacks
- There are currently no refbacks.
Copyright (c) 2024 International Journal of Multicultural and Multireligious Understanding
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
https://ijmmu.com
editor@ijmmu.com
facebook.com/ijmmu
Copyright © 2014-2018 IJMMU. All rights reserved.