Analysis of jurisprudential principles of criminal responsibility of governments

In Islamic jurisprudence, there is no explanation about the criminal responsibility of the government as a legal entity, and only in the works of some great jurists, there are discussions about proving the legal personality of institutions such as waqf, treasury and government; However, using the logic of inference, solid reasons can be provided for this issue with strong jurisprudential support. In this article, the authors seek to answer the question of what jurisprudential basis is the attribution of criminal responsibility to governments?

The present study has been compiled by descriptive-analytical method with library study.

The authors, while typologizing government crimes and expressing the acceptance of the legal personality of the government in Islamic jurisprudence and also accepting the ability to assign criminal responsibility to governments, to general jurisprudential principles such as the book and tradition and specific jurisprudential principles including the rule of ta'zir The Deputy Prime Minister, the rule of expediency, the rule of invalidity, the responsibility for the conduct of another person, the rule of maintaining order, criminal justice and finally the morals have been discussed and the research results confirm that the criminal responsibility of governments - They have been legislated after 1392 - from the perspective of Islamic jurisprudence, it also has validity and legitimacy.