Dignity-Oriented Crime Prevention in the Light of Teachings of Islamic Jurisprudence

Document Type : Research Paper

Authors

1 Ph.D Student in Criminal Law and Criminology, Qom Branch, Islamic Azad University, Qom, Iran

2 Assistant Professor, Department of Criminal Law and Criminology, Qom Branch, Islamic Azad University, Qom, Iran

Abstract

Necessity of observation of human dignity in crime prevention strategy requires that individuals’ liberties are not restricted on the excuse of crime prevention. This matter appears, on the one hand, in the expansion of free space and reduction of controlled spaces and, on the other hand, in the formation of a thought-out strategy by the governments that observes human dignity in the form of social policies in order to prevent crime. In the meantime, crime prevention regulation, the purpose of which is to respect individuals’ rights and freedoms and to determine the scope of implementation of active preventive strategies, has been always emphasized and focused in Islamic teachings under the titles like advocating the privacy, dignity and freedom of humans. However, this criterion has faded in most of Western countries and the consequences of continuation of this challenge have been more crystallized for the citizens of these countries. Accordingly, the doctrines of Islamic jurisprudence is full of teachings which focus on active preventive policies along with respecting human dignity and explain punishments for the violators. This article aims to explain dignity-oriented crime prevention in the light of teachings of Islamic jurisprudence and religious sources and to describe its different aspects and manifestations. 

Keywords


  1. - The Holy Quran

    1. Abedzadeh, Asghar (2019). “The necessity of enjoining the good and forbidding the evil in the present age with a Quranic and narrative approach”, Theological–Doctorinal Research, No. 34, pp. 177-198. (in Persian)
    2. Al-Sahifa al-Sajjadiyya. Translated by Sha'rani, Abolhassan (2014). 6 edition, Tehran International Publishing Company of Islamic Development Organization. (in Persian)
    3. Amedi, Abdolwahed Ibn Muhammad (1990). Ghurar al-Hikam wa Durar al-Kalim (M. Rajaei, Ed.). Qom: Dar al-Kitab al-Islami. (in Persian)
    4. Arefi, Morteza (2013). Dignity-Oriented Crime Prevention, Master Thesis in Criminal Law and Criminology, Mofid University. (in Persian)
    5. Darabi, Shahrdad (2018). Crime Prevention, 2 edition, Tehran: Mizan Publishing. (in Persian).
    6. Ebrahimi, Shahram (2017). Preventive criminology, 4 edition, Tehran: Mizan Publishing. (in Persian).
    7. Ghafouri Charkhabi, Hossein and Ghodrati, Muhammad (2018). “Examining the harmless rule with the approach of applying the right to human dignity”, Law Studies, No. 19, pp. 273-302. (in Persian)
    8. Ghorbani Lahiji, Zain Al-Abedin (2005). Comprehensive interpretation of the verses of the rulings, 3 edition, Tehran: Sayeh. (in Persian)
    9. Haji Dehabadi, Muhammad Ali (2018). Applied Criminology, second edition, Qom: Al-Mustafa International Translation and Publishing Center. (in Persian)
    10. Har'amli, Muhammad Ibn Hassan (1977). Shiite means to study Sharia issues. Edited by Mohammad Al-Razi and Abi Al-Hassan Al-Sharani; 3 edition, Tehran: Islamic School of Tehran. (in Persian)
    11. ------------------------------------- (1995). Details of Shiite means to study Sharia issues, Researcher Mohammad Reza Hosseini Jalali; C 21, Qom: AL Al-Bayt Foundation for Heritage Revival. (in Persian)
    12. Havizi, Abed Ali Ibn Jomeh (1995). Interpretation of Noor al-Thaqalin, Edited by Hashem Rasouli, 4 edition, Qom: Ismailian. (in Persian)
    13. Ibn Babawiyyah, Muhammad Ibn Ali (1998). Text and translation of Ma'ani al-Akhbar. Translated by Abdul Ali Mohammadi Shahroudi, edited by Ali Akbar Ghaffari, 2 edition, Tehran: Islamiah Dar alkotob. (in Persian)
    14. Khajeh Piri, Abbas (2017). “The realm of privacy in Islam”, City of Law Quarterly, No. 20, pp. 193-219. (in Persian)
    15. Khoei, Abolghasem (1997). The lamp of jurisprudence in transactions, By the pen of Mohammad Ali Tawhidi; Qom: Ansarian. (in Persian)
    16. Klini, Muhammad Ibn Yaghob (1988). Al-Foroa Al-Kafi. Edited by Ali Akbar Ghaffari, Vol. 5, 3 edition, Tehran: Islamic Library. (in Persian)
    17. Klini, Muhammad Ibn Yaghob (2009). Usul Al-kafi, Translators Latif Rashedi and Saeed Rashedi, Qom: Ajoud. (in Persian)
    18. Mir Khalili, Seyed Mahmood (2011). “Blocking the Means and Preventing Crimes in the Islamic Teachings”, Islamic Law, No. 31, pp. 95-126. (in Persian)
    19. Mir Khalili, Seyed Mahmood (2015). “Principles and strategies of Islamic criminal policy”, Specialized Commission of Islamic Jurisprudence and Law, 2, pp. 307-340. (in Persian)
    20. Mohammadi Rishahri, Muhammad (2007). The Wisdom Letter of the Great Prophet (peace and blessings of Allaah be upon him) (Persian). Translator of the group of translators, Vol. 12, First edition, Qom: Dar al-Hadith Scientific and Cultural Institute. (in Persian)
    21. ------------------------------------------ (2008). Selected of Mizan Al-Hekmah with Persian translation, Summary of Seyed Hamid Hosseini, translated by Hamid Reza Sheikhi, Vol. 1, 2 edition, Qom: Dar al-Hadith Scientific and Cultural Institute. (in Persian)
    22. Mufid, Muhammad Ibn Muhammad (1993). Al-Rashad Fi Ma'rif Hajjullah Allah Ali Al-Ibad, 2 edition, Qom: AL Al-Bayt Foundation for Heritage Revival. (in Arabic)
    23. Nahj al-Balaghah. translated by Dashti, Muhammad (2004). First edition, Qom: Sebtonabi Publishing. (in Persian)
    24. Najafi abrandabadi, Ali Hossein (2012). on security (from the right to security to the right to security), Introduction to: Soodabeh Rezvani, Humanitarian Risk Management, First Edition. Tehran: Mizan Publishing. (in Persian)
    25. ---------------------------------------- (2013). An Introduction to Research in the Criminal Justice System: Opportunities and Challenges in: Requirements for Research in the Criminal Justice System. First edition, Tehran: Mizan Publications. (in Persian)
    26. ---------------------------------------- (2014). An Introduction to the Establishment of Criminal Law, in: Georgian, Ali Akbar, In the Struggle for Public Law, First edition, Tehran: Jangal Publications. (in Persian)
    27. ---------------------------------------- (2015). Fair Crime Prevention in: Criminal Science, a collection of articles in honor of Professor Dr. Mohammad Ashouri, 3 edition, Tehran: Samat Publications. (in Persian)
    28. ---------------------------------------- (2015). Towards a Definition of a National Crime Prevention Policy, Introduction to: Oxford Encyclopedia of Crime Prevention, First edition, Tehran: Mizan Publishing. (in Persian)
    29. ---------------------------------------- (2016). Criminal Procedure: Power Struggle - Security and Rights - Individual Freedoms in: Criminal Procedure; Foundations, Challenges and Solutions, Proceedings of the Criminal Procedure Conference, Tehran: Shahid Beheshti University Vice Chancellor for Cultural, Social and Student Affairs. (in Persian)
    30. ---------------------------------------- (2019). Criminal Policy Movements, Introduction to: Miri Delmas-Marty, The Great Systems of Criminal Policy, Vol. IV, Mizan Publishing. (in Persian)
    31. Nouri, Hossein Ibn Muhammad Taghi (1988). Mustadrak al-Wasa'il and Mustanbat al-Masa'il, Vol. 14, First edition, Beirut: Al AL Al-Bayt Foundation for Heritage Revival. (in Arabic)
    32. Shokohi Doust, Muhammad (2019). "Effective factors in crime prevention from the perspective of Islamic law", Afagh Humanities Monthly, No. 30, pp. 25-35. (in Persian)
    33. Sobhani Tabrizi, Jafar (2003). Al-Mawaheb in writing the rules of gain. By the pen of Saifullah Yaqubi, Qom: Imam Al-Sadiq (AS) Institute. (in Persian)
    34. Waqidi, Muhammad Ibn Omar (1942). Al-Maghazi: History of the Prophet's wars. Translated by Mahmoud Mahdavi Damghani, First edition, Tehran: University Publishing Center. (in Persian)