Criticism of Existing Approaches in the Realm of Islamic Criminal Policy with an Emphasis upon Necessitations of Developing Theorization of Indigenous Religious Science

Theorization in the realm of criminal policy is badly needed by the country. Lack of coherent، indigenous pattern of managing activities dealing with offence and deviation causes lack of harmony of governmental institutions invested with administrative affairs، and this will lead to nothing but drop of standards of criminal justice in Iran. Although approaching criminal justice in Iran is primarily and essentially influenced by Islamic teachings، the expression “Islamic criminal policy” is facing several challenges in juristic-legal literature of our country: problems which must be detected and solved، otherwiseone cannot claim preparation for moving in the way of planning “Islamic-Iranian theory of criminal policy.” Study of researches in the realm of Islamic criminal policy indicates existence of some prevailing discourses in this connection; as some epistemological discourses – and not specifically in the realm of criminal policy - can also be detected which indirectly influence essentials، structure، manifestations، and evolution of Islamic criminal policy. Using the method of discourse analysis and reviewing perspectives in the realm of Islamic criminal policy in the research literature of the country as well as recent legal evolutions، the present essay explains detriments of existing perspectives in the juristic-legal literature in the category of Islamic criminal policy – with an emphasis upon philosophy of jurisprudence – and describes what relation can be established between policies governing criminal jurisprudence and Islamic criminal policy. The ultimate goal of this essay is to draw general characteristics of a reading of Islamic criminal policy which، in turn، is a part of a wider theory named “the Islamic-Iranian pattern of criminal policy.”