Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The Model of Criminal Justice in the Thoughts of Imam Ali (AS): Toward a Model of Alavi’s Criminal Policy”

Document Type : Original Article

Authors
1 Member of Department of Law and Jurisprudence, The Institute for Research and Development in the Humanities (SAMT), Tehran, Iran. (Corresponding Author)
2 Member of Department of Law and Jurisprudence, The Institute for Research and Development in the Humanities (SAMT), Tehran, Iran.
10.22034/jccj.2023.396095.1258
Abstract
“Criminal justice” is a field of study in the realm of contemporary criminal sciences, which derives from legality and law enforcement. In terms of its subject and content, criminal justice and criminal policy can be defined as the same concept with two terms from two different discourse-conceptual origins, which are also referred to as “criminal justice policy” in some references. This article, by adhering to the same concept of criminal justice and criminal policy and assuming criminal policy in the heart of criminal justice, examines the models coming from this concept, from an approach called “Alavi’s criminal justice”. In the light of this concept of criminal justice, the problematic point of the article is to seek a model of Alavi’s criminal policy in the Islamic Republic of Iran. The meaning of Alavi’s criminal policy model is the redefining of criminal justice policy in the light of Imam Ali's thoughts or the Alavi’s criminal justice policy, which is defined and measured by the criteria of Islam. Alavi’s criminal justice and its policy-making, in the light of the six-fold models of criminal justice in contemporary criminal sciences, includes a chain of models that can be divided from the crime control model, due process model, rehabilitation model, to the equal justice model, non-intervention model and restorative justice model.
Keywords

Volume 1, Issue 4 - Serial Number 4
Autumn 2022
Pages 153-168

  • Receive Date 17 August 2021
  • Revise Date 21 October 2021
  • Accept Date 25 November 2021
  • Publish Date 22 December 2021