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.
Keywords
Subjects

Ghasem, Ghasemi, “Criminal Punishment in Islamic Societies: Empirical Study of Attitudes to Criminal Sentencing in Iran”. European Journal on Criminal Policy and Research. 15,159-180.2009, https://DOI:.org/10.1007/s10610-008-9095-2.
 Victor L. Shammas, “ Penal Elitism: Anatomy of a Professorial Ideology ”, Critical criminogy, 28,759-774,2020. DOI: https://doi.org/10.1007/s10612-019-09463-7
References:
Aminipezhuh, Hossein; Ka'bi, Abbas. (2014). "The Epistemological Foundations of Legislation and its Jurisprudential and Legal Effects in the Islamic Government (Based on the Views of Some Contemporary Scholars)." Islamic Government,.19(4),30-5. (In Persian)
Arblaster, Anthony. (2013). The Rise and decline of Western Liberalism, translated by Abbas Mokhber, Tehran: Markaz Publishing.)In Persian)
Baqizadeh, Reza. (2012). "Continuity in the Era of Occultation with the Theory of Guardianship (Scope and Authorities)," The Quarterly Journal of Theological - Doctrinal Research , 2(8), 25-41. (In Persian)
Barbier, Maurice. (2019). Political Modernity, translated by Abdolwahab Ahmadi, Agah Publishing, 3rd Edition.)In Persian)
Berlin, Isaiah. (2019). Four Essays on Liberty, translated by Mohammad Ali Mohebb, Tehran: Kharazmi Publications. (In Persian)
Dabirnia, Alireza; Naqvi, Fatemeh Sadat. (2017). " Legislative Foundations of Liberalism and shia(imamieh)," Comparative Study on Islamic and Western Law Journal,4(1), 57-84. (in Persian)
Hosseini, Seyyed Mohammad. (2015). Criminal Policy in Islam and Islamic Republic of Iran, Tehran: SAMT Publications. (in Persian)
Javadi Amoli, Abdollah. (2019). The Status of Reason in the Geometry of Religious Knowledge, Qom: Esra Publishing. (In Persian)
Javadi Amoli, Abdollah. (2019). Velayat-e Faqih: Guardianship of the Jurisprudent and Justice, Qom: Esra Publishing. (in Persian)
Locke, John. (2015).The Second treatise of government , translated by Hamid Azdanloo, Tehran: Nay Publications. (In Persian)
Mahmoudi Janki, Firouz; Montaqi, Fa'iza. (2019). "Criminal Rights in Light of the Political Theory of the Constitutional State," Criminal Law and Criminology Studies , 49(1),163-180. (In Persian)
Najafi Tavana, Ali; Mostafizadeh, Fahim. (2013). "Criminalization in the Criminal System of the Islamic Republic of Iran, Studies in Islamic Law and Jurisprudence ", 5(8), 149-170. (In Persian)
Roustaei, Mehrangiz. (2015). " A Comparative Study Of The ‘Haram PrInciple’ And ‘La Daraaa Wa La Dirar Rule’ In Justification Of Criminal Intervention ," Comparative Law Researches, 19(2), 54-71. (In Persian)
Razemjo, Ali. (2014). The Foundations of Criminalization in Islamic Jurisprudence and Positive Law, Master's Thesis, Faculty of Law, Islamic Azad University, Central Tehran Branch.
Safi Golpayegani, Lutfollah. (2013). The System of Imamate and Leadership, Qom: Masjid Jamkaran. (In Persian)
Sandel, Michael. (1995). Liberalism and its Critics, translated by Ahmad Tedeen, Tehran: elmifarhangi Publications. (In Persian)
Seyed Fatwmi, Seyed Mohammad Ghari. (2016). A Jurisprudential Approach to the Theory of Purposes and Conswquences of Human Rights. Legal research.19(75),11-38(In Pwrsian)
Sultanfar, Gholamreza; Azmaeesh, Ali; Shambayati, Houshang. (2017). "The Impact of Ideologies on the Acquisition and Expansion of Criminal Law ," International Legal Research ,10(37) . 93-146. (In Persian)