Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Feasibility of Retribution in Cases of Severe Provocation against the Victim

Document Type : Original Article

Authors
1 Ph.D Student, Department of Criminal Law and Criminology, Semnan Branch, Islamic Azad University, Semnan, Iran.
2 Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Semnan Branch, Islamic Azad University, Semnan, Iran.
3 Assistant Professor, Faculty of Theology, Payame Noor University, Tehran, Iran.
10.22034/jccj.2023.377685.1156
Abstract
Crime as a behavior that is in conflict with the basic norms of human society and is considered an antisocial, immoral or disruptive action has caused a reaction or response in society and at different times, the type and quality of responses has been evolved. Although the repressive, punitive or vengeful aspect of the response to crime has always prevailed, the deterrent aspect of punishment has always been one of the goals or reasons for formulating or enforcing criminal responses. Attention to deterrence aspect in the purposes of punishment, in religious teachings or laws with religious origin is also clearly considered. Crime prevention seeks to cure the incident before it occurs, and setting up action mechanisms by the community and those in charge to educate, train, empower and improve the quality of life along with preserving the dignity of the citizens is its main agenda. Religious teachings have a very high capacity in crime prevention, which in this article describes some of the principles of crime prevention in Islamic criminal policy with a focus on the jurisprudential views of Sunni religions. This research has been done with a descriptive-analytical method based on reviewing sources. Teachings such as Saddu Zarai, administrative health and generational preservation as a basis for prevention in the criminological concept have been studied.
Keywords

Volume 3, Issue 2
Summer 2023
Pages 19-27

  • Receive Date 31 December 2022
  • Revise Date 11 May 2023
  • Accept Date 02 June 2023
  • Publish Date 22 June 2023