Islamic Legal Analysis

Relation of intellect to criminal law in Imami yya

Document Type : Original Article

Author

Mohammad Reza Zafari

Assistant professor, Criminal law and criminology, Payame Noor University, Qom, Iran

Abstract
In any fair criminal system, the rational rules are precisely expressed in the form of legal materials, but Islamic punishment code 2013 consists of the Imami jurisprudential rules which are based on the hadiths and the divine revelation.  Accordingly, how much does the human intellect play a role in it? In this research, with a descriptive -analytical method, firstly, it will be tried to show that a relation of causation between the intellect and the criminal law should present in two domains: legislation and interpretation; and the Imamyye criminal system has both of them according to the pure intellectual arguments. Secondly, the validity of Imami criminal sources is also proved with the pure rational arguments, and hence, in comparison with the Western criminal law, the Imami system is located in a higher level of perfection.

Highlights

There are two results that can be inferred from the Imami law about the relation of the intellect to the criminal law as follows:

1-In any criminal system, whether human or divine, the intellect deeply influences on the criminal law in both of theoretical and practical aspects. From the first aspect, with a firm demonstration, the intellect proves the legislator and the judge`s desired values which are in fact, their criminal theory. The materialistic criminal theories such as theory of social contract and positive theory do not have philosophically the required strong arguments for their criminal systems. But in the Imami criminal law, the intellect`s firm argument for the monotheistic theory, theoretically place the penal code in the highest level of its perfection. Accordingly, it should not be considered the Islamic characteristic of the Islamic punishment code 2013 as the meaning of lack of the intellect`s relation to this criminal law.

2- In the criminal law, the practical intellect as one of the four jurisprudential evidences, has an equal function alongside to the other sharia`s reasons. It means that if this intellect is based on the definite evidence not a suspected reason, it will be able to restrict, limit or stop the execution of the sharia` punishments as some of them are mentioned in this paper.

Keywords

intellect
punishment
jurisprudence and the Western law

Article Title Persian

رابطه عقل با حقوق جزا در امامیه

Author Persian

محمدرضا ظفری
Assistant professor, Criminal law and criminology, Payame Noor University, Qom, Iran
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Islamic Legal Analysis
Volume 1, Issue 1 - Serial Number 1
August 2023
Pages 113-150