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Philosophical-Legal Analysis of the Role of Criminal Ethics in Determining the Boundaries of the Criminal’s Freedom of Will
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Fatemeh Keyhani1   , Ehsan Amirkhani2 |
1- Department of Law, Sonqor Center, Payam Noor University, Kermanshah, Iran. , dr.keyhanilaw@gmail.com
2- Department of Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran. |
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Abstract: (3 Views) |
Background: Freedom of will and criminal responsibility are fundamental issues in the philosophy of law and criminal ethics that play a decisive role in criminal justice. Legal and jurisprudential systems, considering the moral nature of human behavior, seek to determine the limits and boundaries of individual freedom and responsibility. In Islamic law and Imami jurisprudence, criminal responsibility is based on three main conditions of maturity, reason, and free will, and obstacles such as insanity, minority, compulsion, and necessity can reduce or eliminate criminal responsibility. These jurisprudential principles, with rules such as “al-Shak y’dhahab al-hudood” and “the rule of compulsion,” provide a balance between justice and human dignity. A comparative analysis with Western theories showed that compatibilism in Western philosophy, emphasizing the possibility of moral responsibility within the framework of causality, has significant similarities with Islamic jurisprudence, while libertarianism and strict theories of absolute freedom do not fully comply with the practical criteria of jurisprudence. On the other hand, consequentialist and deterrent approaches in the West aimed at reform and education are, to some extent, in line with the educational and preventive dimension of Islamic criminal ethics. Also, regressiveness and the principle of retribution in jurisprudence emphasize the moral response to the will and intention of the offender.
Conclusion: This study shows that criminal ethics based on religious and Islamic discourse offers a moderate and rationalist model that, while maintaining individual responsibility and criminal justice, has the ability to benefit from the findings of modern science and comparative interpretation with Western theories. This model can provide a dynamic framework for the analysis and implementation of criminal responsibility in the contemporary era.
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| Keywords: Criminal ethics, freedom of will, criminal responsibility, Islamic law, Western theories |
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Full-Text [PDF 755 kb]
(5 Downloads)
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Type of Study: Review Article |
Subject:
Special
Received: 2025/09/25 | Accepted: 2025/11/22 | Published: 2026/08/1
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