The Goals of Criminalizing Limited Crimes in the Penal Policy of Iran and Afghanistan from the Perspective of Ahlul Bayt (AS) And Hanafi Jurisprudences

Abstract

The goals of criminology are concerned with the results, purposes, and prospects of the matter. Results such as crime prevention, reformation and rehabilitation of the offender, and the like, so that the achievement of the desired goals will lead to positive changes in society. There is no doubt that the legislation of Islamic punishment, especially limit crimes with such severity by the All-Wise God, cannot be without a goal and intention. But the only question is whether punishment in Islam seeks to punish the offender in order to establish and implement justice, who has earned it due to transgression and violation of the boundaries set by God, or whether the philosophy and purpose of punishment in Islam is focused on the future. And does it pursue another purpose such as reforming the individual and society? What is most emphasized in Islamic jurisprudence is the two-dimensional goals of punishment and a combination of justice and teleology that wants both goals to be realized. Of course, teleology and attention to the future, starting with the reform of the individual and society and ultimately the desirable and ideal society, are more evident in the goals of limit punishment than punishment.