Empirical Approach to Punishment:An Islamic Perspective

Empiricism is a philosophical approach to social issues which concentrates on a trial-and-error approach. It has been accepted as the dominant method in the natural sciences and then partly in the humanities. This article studies the possibility of application of this approach in criminal law and particularly in punishment. The article reviews the foundations of empiricism and its brief history along with some critiques to empiricism. Finally, the article suggests that given the validity of the reason (hokm al—aql) and findings of rational people (bina al-oqala) in Islamic jurisprudence on one hand and the rationality of empiricism and credibility of the knowledge learned from experiments on the other, it is possible to use experimental findings to evaluate the efficiency of punishment in a specific framework. Also the article mentions and analyzes some examples of using this approach in Islamic texts, including traditions and opinions of the jurisprudents. Some examples of developments of legislation in Iranian penal code in Islamic Republic of Iran is also discussed; the facts that, in their turn, support legitimacy of application of empirical approach in criminal law.