نوع مقاله : علمی - پژوهشی
نویسندگان
1 دانشیار دانشکدة حقوق دانشگاه شهید بهشتی
2 دانشجوی دکترای حقوق جزا و جرمشناسی دانشگاه تربیت مدرس
3 استاد گروه حقوق جزا و جرم شناسی دانشگاه تربیت مدرس
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Thomas Cohen's scientific paradigm theory has been developed from its main realm that is natural sciences to social sciences. Islamic criminal law can be studied from this point of view. This article seeks to review the factors involved in formation of the prominent paradigm in traditional Islamic criminal law. Relying upon historical-analytical methodology, the article examines the effects of factors such as the environment in which Islam emerged, the influence of Aristotle's philosophical and logical ideas on Islamic thought, metaphysical anthropology, the extreme literal interpretation and mainly a duty-based view of man. Referring to some challenges that the traditional view is facing in contact with modernity and Human Rights, the article suggests that some developments in paradigms can and even should be welcomed. It is because some parts of paradigmatic developments are a part of the conduct of the wise (bina al- oghala), which is recognized as a source of Islamic law. Of these paradigms is a right-based paradigm. According to the article, the openness of traditional Islamic criminal law to the idea of right and approaching a right-based criminal law will result in some positive and significant changes. Conversely, ignoring the idea of right will make Islamic criminal law far from realities and the requirements of the time.
کلیدواژهها [English]
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