Jurisprudential-Legal Analysis of "Good Morality" as the Basis of Criminal Policymaking in the Light of the Moral Security of Islam

Articles in Press

Document Type : Original Article

Authors

1 Assistant Professor of the Department of Fiqh and Foundations of Islamic Law, Faculty of Theology and Islamic Studies, Ilam University.

2 Department of Family Jurisprudence, Level4, Reyhaneh al-Nabi Specialized Seminary, Arak, Iran.

Abstract

Good ethics in every nation is a combination of social customs, religious teachings, and rational judgments that constitute the public conscience. It should be acknowledged that observing good ethics has been accepted as a legal principle in Islamic criminal law today, and a part of jurisprudential rulings, including criminal jurisprudence, has been formed based on good ethics. The relationship between security and ethics is one of those topics that, despite its importance, has not been considered independently and seriously, and has received very little attention under the title of moral security; while the position of ethics in criminal law and criminology is a special and influential position. In this article, which was conducted using a descriptive-analytical method, it briefly and comprehensively examines the views of Islamic jurists on the issue of "good ethics" and, by citing examples of good ethics, its relationship with jurisprudential rulings, especially criminal jurisprudential rulings, is stated. The findings in this study show that creating moral security for a society in light of the main presentation under the title of "good ethics" is a necessity in legal systems that Islamic jurisprudence, as a dynamic legal system, has paid attention to.

Keywords

Main Subjects

Studies of Islamic Jurisprudence and Basis of Law

Articles in Press, Accepted Manuscript
Available Online from 22 July 2027

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