Analysis of the Origin and Educational Principles of Jurisprudence in Criminal Society

In human societies, dos and don'ts are established inorder to regulate and regularize relations between members ofthe society based on the prevailing and accepted norms of thatcommunity. Sometimes these dos and don'ts are so importantthat the society punishes the person who violates them. In linewith this principle and self-evident concept in humanrelations, the religion of Islam and specifically the religion ofShiism; As a claimant and provider of a comprehensive andcomplete theory in the regulation of human relations frombefore birth to after death, he has a plan to draw the Islamicutopia and to achieve the perfection and excellence of eachperson.

This is a descriptive-analyticalstudy that was collected and analyzed using the sources of Shiajurisprudence.

This is a descriptive-analytical studythat was collected and analyzed using the sources of Shiajurisprudence.

The results showed that Regardless of the topic ofethics, which is guaranteed to be implemented in the afterlife,in Shia jurisprudence books, the rules governing humanrelations are stated under the four topics of worship,transactions, iqaaat and rulings. The punishments prescribedby the Holy Law in the framework of hadd, ta'zir, diya andqisas play an important role in human education. AlthoughIslamic punishments are explained in detail in jurisprudencebooks with a jurisprudential and ijtihad perspective, theireducational goals have been neglected.

In general, it can be said that there are instructivemoral and educational points among the Shari'a orders andlaws related to the proof of the crime and the characteristics ofthe criminal and the quality of their execution and punishment,which can be a model for individuals and society, Islamicpunishments should also be considered with this approach.