An Introduction to the Anthropological Foundations of Criminal Law

The penal system is designed to deal with crime and deal with criminals. In any legal system, it is designed based on the type of approach to the world and existence, and specifically human beings; For example, the belief or disbelief in human freedom and agency forms the basis of many schools; The penal system of Islam is also designed as one of the components or pillars of Sharia and the religion of Islam based on the type of view of man by the Creator of the universe. On the other hand, in other schools, by believing in a kind of anthropology, the penal system, and in particular, appropriate reactions and responses to crime and criminals, is designed and implemented; In this article, the principles of criminal anthropology and in the general sense of criminal law in the monotheistic worldview of Islam and in contrast to some legal schools have been discussed with a descriptive-analytical method. Man seems to be a perpetual and eternal being who, by his own voluntary effort, determines happiness or misery; Of course, happiness and cruelty that the world and the limited material world do not have the capacity to achieve. In religious teachings, the world is introduced as the farm of the Hereafter.