Objectives of the criminal justice system, Islamic perspective

Abstract: In any legal system, the criminal justice system has clear goals. In the Iranian legal system, due to the influence of this system from religious teachings and attention to indigenous needs and delinquent conditions in society, it has goals such as providing justice, realizing the rule of...

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Main Author: Gholam Hassan Kooshki
Format: Article
Language:fas
Published: Semnan University 2021-11-01
Series:مطالعات فقه و حقوق اسلامی
Subjects:
Online Access:https://feqh.semnan.ac.ir/article_5885_7bd461ce214a7e405475ee417782c2a1.pdf
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author Gholam Hassan Kooshki
author_facet Gholam Hassan Kooshki
author_sort Gholam Hassan Kooshki
collection DOAJ
description Abstract: In any legal system, the criminal justice system has clear goals. In the Iranian legal system, due to the influence of this system from religious teachings and attention to indigenous needs and delinquent conditions in society, it has goals such as providing justice, realizing the rule of law, establishing security, receiving reform and treatment, and Repair of damages to the victim. It is clear that some of these goals, like justice, take precedence over others. Looking at the basics of the Islamic legal system, it is clear that we can not talk about a single goal for criminal proceedings, but a range of different goals can be considered. In the meantime, achieving the goals of Sharia is one of the main goals of the criminal justice system in Iran. The success or failure of this system must be explained in the light of the above objectives.In this article, with a descriptive-analytical method, an attempt has been made to explain the various goals of the criminal justice system with an emphasis on Islamic teachings. Achieving these goals will lead to the establishment of security in society and the realization of the principle of the rule of law and the prevention of chaos in society.
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spelling doaj.art-c6002c78bc65450ebed943d8207aa91f2024-02-23T23:20:50ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302021-11-01132533935810.22075/feqh.2021.24624.30385885Objectives of the criminal justice system, Islamic perspectiveGholam Hassan Kooshki0Assistant Professor, Department of Criminal Law and Criminology, Allameh Tabataba ’i University, Tehran, IranAbstract: In any legal system, the criminal justice system has clear goals. In the Iranian legal system, due to the influence of this system from religious teachings and attention to indigenous needs and delinquent conditions in society, it has goals such as providing justice, realizing the rule of law, establishing security, receiving reform and treatment, and Repair of damages to the victim. It is clear that some of these goals, like justice, take precedence over others. Looking at the basics of the Islamic legal system, it is clear that we can not talk about a single goal for criminal proceedings, but a range of different goals can be considered. In the meantime, achieving the goals of Sharia is one of the main goals of the criminal justice system in Iran. The success or failure of this system must be explained in the light of the above objectives.In this article, with a descriptive-analytical method, an attempt has been made to explain the various goals of the criminal justice system with an emphasis on Islamic teachings. Achieving these goals will lead to the establishment of security in society and the realization of the principle of the rule of law and the prevention of chaos in society.https://feqh.semnan.ac.ir/article_5885_7bd461ce214a7e405475ee417782c2a1.pdfobjectives of the criminal justice systemjusticerule of lawsecurityrestorative justice
spellingShingle Gholam Hassan Kooshki
Objectives of the criminal justice system, Islamic perspective
مطالعات فقه و حقوق اسلامی
objectives of the criminal justice system
justice
rule of law
security
restorative justice
title Objectives of the criminal justice system, Islamic perspective
title_full Objectives of the criminal justice system, Islamic perspective
title_fullStr Objectives of the criminal justice system, Islamic perspective
title_full_unstemmed Objectives of the criminal justice system, Islamic perspective
title_short Objectives of the criminal justice system, Islamic perspective
title_sort objectives of the criminal justice system islamic perspective
topic objectives of the criminal justice system
justice
rule of law
security
restorative justice
url https://feqh.semnan.ac.ir/article_5885_7bd461ce214a7e405475ee417782c2a1.pdf
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