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Ethics Governing Criminal Policy in the Islamic Legal System
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Abstract: (623 Views) |
Background: Islam as a comprehensive religion rooted in human nature and revealed in order to respond to basic human needs has broadened the ethics of its criminal policy to include crime, crime and punishment. In keeping with each other and with the other rules of this religion, it has set guidelines and values based on ethics and principles for avoiding crime in the community if the Prophet (peace be upon him) fulfills the ultimate goal of his religion. The moral merits of expression are stated. To explain Islam's criminal policy requires the expression of the characteristics and general characteristics of the fundamental moral principles that have been taken into account at all stages of criminal policy. The purpose of the present discussion is to examine the ethical principles and values of Islamic criminal policy.
Conclusion: Applying ethics in criminal policy requires understanding the ethical criteria in this legal system. In explaining ethics, there are three principles of respect for human dignity, centralized justice, and tolerance that are the basis for the formulation of legal rules in criminal policymaking. Criminal policy alone will not be achieved by the mere use of legal rules and ethics must be addressed by the legislator and the criminal justice system at all stages of criminal policy, and these principles are not only fundamental to the policymaking of the Islamic legal system. Procedure is mandatory at all stages, including legalization, litigation, enforcement and afterwards, and can only be avoided if it is in conflict with public order |
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| Keywords: Ethics, Criminal Policy, Dignity, Central Justice |
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Full-Text [PDF 381 kb]
(504 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2020/04/8 | Accepted: 2020/06/11 | Published: 2022/11/23
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