The Effectiveness of Post-Modern Criminal Law on the Response System to the Crimes of Children and Adolescents in Islamic Countries

Document Type : Original Article

Authors

1 PhD student, Department of Criminal Law and Criminology, North Tehran Branch, Islamic Azad University, Tehran, Iran.

2 Associate Professor, Department of Criminal Law and Criminology, Qom Branch, Islamic Azad University, Qom, Iran (Corresponding Author)

3 Assistant Professor, Department of Criminal Law and Criminology, North Tehran Branch, Islamic Azad University, Tehran, Iran

4 Assistant Professor, Department of Criminal Law and Criminology, North Tehran Branch, Islamic Azad University, Tehran, Iran.

10.22075/feqh.2024.34889.3982

Abstract

Postmodern or eclectic criminology is a theoretical approach and a branch of critical criminology that was born in the 1990s by emphasizing the role of language, power and subjectivity under the influence of the thoughts of the German philosopher, Friedrich Nietzsche. And he challenged the traditional and classic ideas of criminal law about crime and justice and considers crime as a result of the interruption of non-dominant discourses and inequality in the distribution of power in society. Postmodern criminologists suggest the use of peaceful reactive responses and consensual approaches instead of resorting to violence by the government and believe that coercive social policies only increase the violence of criminals in society. The ideological foundations governing the criminal system of each country have a direct effect on the formulation of criminal responses and criminal policy in the fight against crime. Children and adolescents are very important as a subject of criminal policy in every society because they play a special role and a decisive role in the fate of every country, and it makes it necessary to adopt a suitable criminal and non-criminal response system. These systems in Islamic countries have always taken the path of trial and error in choosing the correct model of reactive response and curbing the criminal phenomenon, and despite the important role it plays in replacing values ​​and norms in accordance with social developments, It has not had an impact on the thought of criminology in the Islamic world, which is dominated by modern Western theories of criminology, and they have fluctuated and moved between punitive, correctional and educational, restorative and return models, and while reflecting the teachings of Islam has followed some of these patterns.
Therefore, the purpose of accepting distinct intellectual bases in reacting to the criminal behavior of children and adolescents is to accept the intellectual viewpoint of postmodern criminologists who put crime mainly on the construction of the ruling political and cultural system and evaluate it by criticizing the inefficiency of modern criminal law and normative systems. Let's discuss different concepts of crime in the light of rejecting the assumptions and religious concepts of criminal law.

Keywords

References

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https://www.bljsolicitors.co.uk
https://www.cps.gov.uk
 https://www.draycottbrowne.co.uk
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www.childadvocacy.iowa.gov
Journal of Studies in Islamic Law & Jurisprudence
Volume 17, Issue 39
June 2025
Pages 217-250

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