The philosophy of punishment in the views of Islam, Plato and Iranian criminal law
Any social system has its own rules and regulations. If anyone violates society's rules and negates others' rights, he has committed a crime and is entitled for punishment. However, an issue preoccupied philosophers and thinkers - the philosophy of punishment and penalty. Plato's atti...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Center for Religious Sciences Kom, Belgrade
2024-01-01
|
| Series: | Kom: Časopis za Religijske Nauke |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/2334-6396/2024/2334-63962403001A.pdf |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Summary: | Any social system has its own rules and regulations. If anyone violates society's rules and negates others' rights, he has committed a crime and is entitled for punishment. However, an issue preoccupied philosophers and thinkers - the philosophy of punishment and penalty. Plato's attitude on punishment is mostly based on criminal's correction; in addition, he believes that a criminal is not guilty. Rather, he is a mental patient who should be healed. In contrast, as the most recent and complete religion, Islam considers various and multilateral basics for punishment including cooling the victim, justice respect and retaining Divine sanctuary. Since Iranian criminal law is devised in accordance with Imamiyyah Fiqh (jurisprudence) and it is in line with Islam in terms of basics, obtained results on Islam can be extended to Iranian laws. Comparing both insights can reveal their similarities and differences and can show the superior and more comprehensive one. Thus, the necessity of performing a comparative study concerning both insights is felt. This is a descriptive - analytical research by materials collection and library method. The most important results of this study include basics and principles governing punishment in Islam such as the principle of making punishments public, the principle of punishments equity, the philosophy of punishment in Islam such as cooling the victim, justice respect, a criminal's correction and retaining Divine sanctuary. The basis of Plato's punishment is a criminal's correction and status of punishment in Islam is contrary to Plato's punishment philosophy. According to this comparison, Islamic Punishment philosophy is integrative and more comprehensive than Plato's punishment philosophy. |
|---|---|
| ISSN: | 2334-6396 2334-8046 |