Document Type : PAPER RESULTING FROM THEORIZING
Authors
1 Assistant Professor, Department of Philosophy and Studies of Religions, Faculty of Philosophy and Studies of Religions, Al Mustafa Open University, Qom, Iran.
2 Prof, Faculty of Language, Literature and Culture, Contemporary Muslim Thought, Al-Mustafa International University, Qom, Iran
Abstract
SUBJECT AND OBJECTIVES: ‘Idālah (justice) in executing punishment against offenders must correspond with the circumstances of the crime and offender at the time of commitment. Simultaneously with determination and operationalization of the punishment for various crimes, it is essential to care about all aspects of the criminals’ situation.
Given that Islam seeks to uphold justice in all affairs, this study's primary objective is to propose solutions for implementing justice for offenders.
METHOD AND FINDING: Using an analytical-descriptive method, this study found that the punishment of all offenders based solely on a general law, without considering the external factors of the crime and criminal including the individual personality and social-psychological factors of the offender, is considered a crime itself, constituting another form of injustice.
CONCLUSION: Rather than finding what the punishment for a specific crime is, we should inquire who the offenders are, what their level of education is, where they were raised, and what were their biological, neurological, and psychological conditions simultaneously at the time of committing the crime. Examining all aspects of the crimes and offenders, a just decree will be issued.
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