The position of crime reporting in Islamic criminal policy from the perspective of jurisprudential foundations

Taherabadi, Mohammad Saleh; Emrani, Salman

doi:10.30497/irj.2022.76386

The position of crime reporting in Islamic criminal policy from the perspective of jurisprudential foundations

Document Type : Original Article

Authors

mohammad saleh taherabadi ¹

Salman Emrani ²

¹ Master of Islamic Studies and Law, Imam Sadiq University, Tehran, Iran

² Assistant Professor of Criminal Law, Imam Sadiq University, Tehran, Iran

10.30497/irj.2022.76386

Abstract

Crime reporting is one of the tools that have been used in the light of the implementation of cooperative criminal policy and have significant effects in terms of crime prevention, improving the transparency of the criminal justice system, compensating the gaps in the process of prosecuting crimes, improving criminal statistics, reducing the costs of the criminal justice institution, and preventing impunity. In Iran, due to the position of jurisprudence and the application of laws and regulations to it, the relation of this institution to the foundations of jurisprudence has a special position. In this research, the arguments and bases of both groups for and against crime reporting are pointed out, but the findings of this research show that based on many jurisprudential rules and rulings and by observing some rules in the field of crimes such as crimes against chastity, this mechanism can be used to control crime in Islamic society. It should be mentioned that this use should be in such a way that the reputation of Muslim people is fully preserved and their dignity is not damaged, and on the other hand harms such as backbiting, gossiping and spying do not spread in the society.

Keywords

Crime reporting

enjoining the good and forbidding the evil

automatically giving evidence

criminal justice

crime prevention