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Abstract:
The criminalization is based on the special
principles. Law if crimes and punishments is written in relation to
basic beliefs.
Criminal law should describe why it criminalizes
acts and on. Which criteria limits the domain of humans behaviors. We
should look for some replies in the philosophy of law and in the
philosophy of ethics. In European criminal there are tendencies in
relation to this matter.
Nowadays there are many immoral behaviors that are
not criminalized concerning the criminal law. On the other hand the
European criminal law prefers not to protect morality from punishments.
This attitude has been completely affected by liberal rules.
But the Islamic criminal law has a different
approach to this matter, it tries to have the maximum protection of
morality with criminalization of many immoral behaviors. "sentence for
every religious sin" is one of the most important rules in jurisprudence
(Islamic fegh) as a base in the in the Islamic law. In this research we
study this fundamental rule by considering the occidental thought. In
the code of the Islamic sentences there are some acts that include this
matter. We are analyzed these acts in the end
Key Words
Criminalization, immoral behaviors, the
Islamic criminal law, morality, ethics. |