Theoretical foundations of delinquency in Islamic criminal law and Western criminological ideas

In this research, the most important theoretical foundations of delinquency in Islam and its adaptation to some related theories in Western criminal schools have been tried. This research is applied in terms of purpose and descriptive-analytical. According to the findings related to the subject study, about jurisprudential and legal sources in Islamic thought, delinquency is a non-coercive and non-criminal method that relies on extrajudicial and focuses on some limited crimes and sexual offenses that use the approach of concealment and concealment seeks to achieve shame, maintain dignity, strengthen self-construction and self-control, internal punishment, as well as prevent the publication and normalization of such deviations. Some verses of the Holy Quran, narrations and hadiths, principles and rules of jurisprudence, tradition, custom and reason are among the most important theoretical foundations of delinquency that have been repeatedly mentioned in Islamic teachings. This theory is associated with some new concepts of criminology in Western law, such as impunity, labeling, criminal algebra, prosecution and prosecution, which were proposed by Western thinkers after the advent of intellectual revolutions and implemented in common ways and sometimes different in the criminal laws of Western countries and some other countries. At present, the theory of delinquency with new criminological ideas has been effective in the emergence, formation and strengthening of the approach of criminal minimization, mediation, release from prison, rehabilitation and prevention of recidivism.