نشریه مطالعات حقوق کیفری و جرم شناسی
سال پنجاه و چهارم شماره 1 (بهار و تابستان 1403)

In the famous jurisprudence books of jurists, corporal punishments are mentioned in the Mu'amalat. But these punishments, especially Ḥudūd and Qiṣāṣ, have always been treated like acts of worship. This means that they should be implemented at all times and places. This view is flawed in the light of a functionalist reading of Adillah Al-Arba’ah (Four Sources in Islamic Law). "Qurʾān" can be reconsidered by using the purposeful view and functionalist approach in corporal punishments. besides, in re-reading the "Sunnah", one should not neglect the authenticity of the narrations of the implementation of corporal punishment by the Prophet (PBUH). In addition, we should not forget his role as an “Islamic ruler” and naturally issuing rulings based on the social needs of the Land of Revelation. Moreover, about “Al-ʾIjmā”, apart from the fact that it is difficult to imagine Ijma' in socio-cultural issues such as punishment in the present day, the influence of past jurists on the conditions prevailing at the time of issuing the fatwa should not be simply rejected. Finally, about “'Aql”, it should be noted that this reason is next to the other three reasons, not during them, so the value of intellectual achievements is not less than the other three. Second, reason is not a static entity; Rather, it is dynamic and a discoverer of good and bad. As a result, if the human mind does not accept physical punishments, God also covers this human decision with the cloak of legitimacy.

The nexus among states and corporations to fulfill welfare, collective progress, environmental protection and so on seems vital and inevitable which we can’t regard in other ways. But critical criminologists reveal complicated facts of this proposition which seems easy and they reveal any facts about damaging which comes from states and corporations and also reveal any states responsibility which they were inconsiderate about it. The theoretical considerations in this field, under the framework of state-corporate crimes, stem from the critics' efforts to examine those behaviors that, in the shadow of cooperation between states and corporations, harm us and our environment, yet are considered so normal that the idea of their criminality seems impossible. By examining the theoretical framework of state-corporate crimes, the article discusses which environment or environments can enable the criminal cooperation of these institutions and how states can jointly operate with corporations in a harmful manner. Using a descriptive-analytical method, the article concludes that neoliberalism, with the idea of capital accumulation between states and corporations, establishes an inseparable link. Thus, through the mechanisms of deregulation and regulation, states exert all their efforts to remove obstacles that may arise for corporations, and in this way, they manage capital side by side with corporations.