Rethinking the criminal policy of Imami criminal jurisprudence against political crimes )With an approach to crimes: prostitution, moharebeh and apostasy (
Subject Areas : Jurisprudence and Criminal Law Doctrines
mohsen moosavifar
1
(Razavi Islamic Sciences University)
kazem khosravi
2
(دانشگاه علوم اسلامی رضوی)
Keywords: criminalization, criminal policy, criminal policy of Islam, criminal policy of Imami criminal jurisprudence,
Abstract :
Different penal systems have different reactions to crime and perversion; Some legal systems, by distinguishing between the concept of crime and deviation and relying on the principle of minimal criminal law, avoid criminal responses to deviations and respond equally to society and its civil institutions. Conversely, systems with pervasive authoritarian criminal policies do not accept this distinction and respond to deviations in a criminal and repressive manner based on maximum intervention and criminalization. The criminal policy of Imami criminal jurisprudence regarding the criminalization of the extreme criminal titles: fornication, moharebeh and apostasy, which are also considered to be included in the title of political crime, is in which of the mentioned tendencies? The present article, by examining these topics, in the sources and texts of Imami criminal jurisprudence, based on the principles of jurisprudence, intends to achieve it. The study reports the conclusion that the Islamic penal system is based on narrowing the scope of criminalization of the criminal titles of the limit: adultery, moharebeh and apostasy, and as long as the speech and behavior of individuals, only the expression and Do not go beyond expressing an opinion contrary to Islamic rule, it is not included in the mentioned criminal titles.
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