Capacities and Limitations of Canonical and Jurisprudence Principals in Criminalization of Economic Crimes from an aspect of Imami Jurisprudence
Subject Areas : Jurisprudence and Criminal Law Doctrines
Mohammad Mahdi
Alizadeh Moghadam
1
(Department of Theology and Islamic Studies, Khomein Branch, Islamic Azad University, Khomein, Iran.)
Mahmoud
Qayyumzadeh
2
(Professor, Department of Theology and Islamic Studies, Khomein Branch, Islamic Azad University, Khomein, Iran.)
Mahdi
Falah
3
(Assistant Professor, Department of Theology and Islamic Studies, Khomein Branch, Islamic Azad University, Khomein, Iran.)
Keywords: criminalization, criminalization of economic crimes, jurisprudence limitations of criminalization, jurisprudence capacities of criminalization in economic crimes,
Abstract :
Receive Date: 2022/10/08 Revise Date: 2022/11/17 Accept Date: 2022/12/13 Economic Crimes are not defined by lawyers comprehensively and exhaustively till now and the best method of identification of these crimes is through using the characteristics determined for them which include factors such as organization, low possibility of detection, economic motivation, credibility, involvement of organizations and economic activities, acquisition of benefits and protected values and finally their macro-level impact. This research adopts a descriptive analytical method and relies on library sources to find the response of this question that the Imami jurisprudence deals with which capacities and limitations in the criminalization of economic crimes? The findings of this research emphasized that this capacities involved two groups: religious principles (such as the principle of sanctity of invalid use of property, cooperation with sin, prohibition preceding prohibition and disobedience) and rational principles (including the principle of harm avoidance, expediency, order, trustworthiness, and fair wealth distribution). These principles enable Imami jurisprudence to criminalize the economic crimes that were not explicitly existed in Islamic teachings. However, like any other crime, the criminalization of economic crimes may face certain limitations that most important of this jurisprudence limitations are anecdotalism, lack of a structural approach, disregard for established issues and farness from governmental function.
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