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Abstract:
In the field of penalty , the criminal policy
predominated over the judicial systems of different countries, is based
on viewpoints that nowadays in the classical criminal law are classified
into three general approaches , "consequential" , "retributional" and
"mixed or middle" . In justifying punishment, the "consequential" theory
emphasizes its results and benefits, and therefore has a
forward_looking view. On the contrary the "retributive" theory believes
that the legitimacy of punishment , irrespective of its results , is
justified for the commitment of crime in the past , and hence has a
backward-looking view . Also some thinkers by mixing the elements of
these two theories are trying to present a theory which considers both
aspects mentioned.
The judicial system of our country, as an Islamic
country, should be based upon Islamic criminal principles . Hence , a
recourse to the Quran as the most important source of revelation in
Islam , and a search for the essential questions concerned with the
issue of punishment , as of nature , aim , quality and quantity of
punishment in the Quran is necessary . Of course the purport of
punishment in the Quran , beyond the written and formal punishment ,
contains the whole kinds of punishment , including written punishment ,
natural informal and unwritten punishment , unnatural informal and
unwritten punishment , and also punishment concerned with afterlife .
And punishments are not considered just as the executive guarantee of
establishing safe relations between God and human beings . Considering
the fact that human beings are endowed with authority and free will ,
the Quran emphasizes much on the aim of retribution ; an aim which has
been overshadowed in the criminal policy of classical judicial systems
by other correctional and reformative goals .
After the examination of historical changes and
variations over punishment as the continuation of the classical criminal
law , this thesis aims to deal with the meaning of punishment and the
essential questions concerned with it into the classical criminal system
, and then by comparing and searching these issues in the Quran , to
attain finally the Quranic idea about punishment .
Key Words
Crime , Criminal , Punishment , Authority ,
Consequential , Retributional , Formal & Written , Natural informal &
Unwritten , Unnatural informal & Unwritten Punishments , Punishments
concerned with afterlife .
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