Objectives of the criminal justice system, Islamic perspective

Document Type : Original Article

Author

Assistant Professor, Department of Criminal Law and Criminology, Allameh Tabataba ’i University, Tehran, Iran

Abstract

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.

Keywords

References

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Journal of Studies in Islamic Law & Jurisprudence
Volume 13, Issue 25
November 2021
Pages 339-358

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