Crime in the eyes of islamic jurisprudence and criminology

AutorFatemeh Rahimi, Sayyed Mahmoud Majidi, Mahdi Zolfaghari
Páginas144-166
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 8 - Nº 02 - Ano 2019 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
144
CRIME IN THE EYES OF ISLAMIC JURISPRUDENCE AND
CRIMINOLOGY
Fatemeh Rahimi 1
Sayyed Mahmoud Majidi 2
Mahdi Zolfaghari 3
Abstract: Crime is a modern legal term
and its nature is different and distinct
from religious or judicial sins.
Throughout the lexicon and dictionary of
the legal terminology and criminology,
in terms of the meaning, there is no lexis
or word more complicated than of the
term crime or misdemeanor. In the law
literature and world the comprehensive
term of "crime" is used and punishment
is foreseen for its executive enforcement.
When a verdict wants to acquire its
sovereignty or religious (canonical)
nature, that decree or verdict must go
along its stages from the initial to the
end. These steps involve fabrication
(creation) and announcement and
verification and implementation
(execution). When a verdict implies as a
governmental rule, as well as the
religious rules, the four above steps are
1 PhD student, Department of Islamic Jurisprudence, Damghan Branch, Islamic Azad University,
Damghan, Iran. Email: majidi@du.ac.ir
2 Assistant Professor, Department of Islamic Jurisprudence, Damghan Branch, Islamic Azad
University, Damghan, Iran. Email: majidi@du.ac.ir
3 Assistant Professor, Department of Islamic jurisprudence and slamic law, Damghan branch,
Islamic Azad University, Damghan, Iran. Email: majidi@du.ac.ir
passed, and till these stages are
completed, the attributing of verdict to
its source will be permissible. In the
religious or judicial term, crime is the act
(conduct) or the abandonment
(omission) of the act (promise or
omission of promise) that Islam
considered obligatory or forbidden to
commit or abandon it which a mundane
or heavenly punishment has been
imposed. In other words, crime is an
opposition or objection to the orders and
desecration of a book and a tradition, or
committing act that leads to the
corruption of an individual or society. In
jurisprudence, without implying the term
"crime", definitions of acts which are
deserve by ta'zir (flogging, discretionary
punishment) and punishment. It is
mentioned that committing deadly sins
and insisting on minor sin is deserved to
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 8 - Nº 02 - Ano 2019 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
145
discretionary punishment awarded by
judge; in other texts, it is stated: The
committing of prohibited acts and the
leaving obligatory measures, which is
not specified in the canon law, requires
discretionary punishment awarded by
judge. Accordingly, in jurisprudence the
crimes are related to physical or corporal
integrity which are often referred to as
"crimes (felonies)" and involve
retaliation or Blood money (diya), or
they are crimes which their punishment
are determined by canon law of Islam,
and referred to as "Islamic prescribed
punishment (provisions, ambit)",
otherwise they will be titled "
discretionary punishment awarded by
judge ".
Keywords: crime, sin, criminology,
Islamic jurisprudence.
Introduction
Crime and offense is a very
complicated and sophisticated social
phenomenon that in different society
occurs variously. The definition of crime
and offense or delinquent conduct is
determined by the legal laws and social
norms of each society. Although, in most
societies, crime is defined as punishable
act and measure by law but applying
merely the legal concept for its
explanation is not sufficient.
Delinquency as a number of variables of
the committing acts against the legal
decisions that can have distinct nature is
a common feature of all human societies.
Regardless of the nature dispute, these
acts are almost always defined and
predicted by law. For centuries, acts such
as murder, robbery, strife, destruction,
fraud, rape, looting, brutality, ha ve been
accepted as delinquent behavior and
almost all societies have a specified
definition for them. Difference and
distinction is about the degree and type
of punishment that is determined and
specified by the laws and regulations of
that society. The law experts have
defined crime in such a way that each of
these definitions is often inspired by
theoretical tendencies in a particular
school. Francesco Carrara, who has been
concentrating deeply on the objective
attribute of crime, defined it as "a
violation of the governmental laws
caused by an external act of a person who
does not prescribe by a duty, and is to be
punished."
In another definition of French
lawyer “Rex” states that a crime is a
misleading manifestation of the

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