Research and development in criminal law and criminology

Research and development in criminal law and criminology

The impact of the Islamic and liberal teachings on criminal law and acceptance of public opinion

Document Type : Original Article

Authors
1 MA. in Criminal Law and Criminology, Faculty of Law and Political Science. Allameh Tabataba'i University, Tehran, Iran.
2 Assistant Professor, Departmant of Criminal Law and Criminology,Faculty of Law and Political Sciences, Allameh Tabataba'i University.Tehran. Iran
Abstract
The Impact of Islamic and Liberal Teachings on Criminal Law and Public Opinion Acceptance Abstract Different political systems typically establish rules across various domains, including criminal law, based on their foundational intellectual principles. In the contemporary era, the expansion of public awareness and the advancement of communication tools have amplified the importance of public opinion in various policy sectors. Each political system attributes a degree of credibility to public opinion based on its foundational principles. This research seeks to investigate the influence of Islamic and liberal systems on public opinion in the context of criminal policy. The study employs a descriptive-analytical method.
In systems based on Islamic teachings, where rulers exercise sovereignty on behalf of God and consider themselves responsible for the implementation of divine laws, public opinion can influence policies in both policymaking and criminalization and punishment, provided these policies do not contravene Islamic rules. In liberal systems, where the legitimacy of rulers is derived from the individuals within society and the government is obligated to ensure individual freedoms, public opinion serves as an element that legitimizes criminal policies, influencing their quality as long as it does not interfere with other fundamental freedoms.
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