Criteria for Criminalization in the Holy Quran

Abstract

The researcher has attempted to arrive at the criteria for criminalization in the view of Islamic law through the Holy Quran. He has found that there are major limitations facing humans in this context, such as Satan's constant attempt to mislead humans and obliterate the human dignity that God intended for them, as stated in the Holy Quran: "And We have certainly honored the children of Adam." Satan's efforts to seduce humans and transform them from a position of honor to a state of falling into sin and transgression are explained in the Holy Quran: "He said, 'Have you seen this one whom You have honored above me? If You should delay me until the Day of Resurrection, I will surely intercede for his descendants, except for a few.'" In this regard, the words of Imam Ali (peace be upon him) emphasize the importance of preserving human dignity as a protective shield that protects them from indulging in lusts and deviations. He says, "He to whom self-esteem is honored, his desires are insignificant." This profound statement demonstrates that a person who values ​​himself and respects his dignity is able to control his desires and refrain from sins, because his awareness of his value makes him consider the satisfaction of his desires and lusts. vile with contempt In light of this, the researcher consulted references and sources that offer insights contributing to resolving the issues from his perspective. The research addressed two main themes:

First - The message of Islam and its ethical dimensions in the Holy Quran. Second - The message of Islam and the process of criminalization in the Holy Quran. Both themes clarified the criteria for criminalization and how they are addressed in the Holy Quran.

We ask God Almighty to grant us success in completing this research in accordance with Quranic principles, making it accessible to those seeking Quranic solutions to societal problems.

The criteria upon which legislators base the criminalization of acts vary, as each legal system has its own specific standards. In this regard, attention turns to a set of overarching principles, such as human dignity, the protection of moral values, the removal of harm, the preservation of public interests, the establishment of social order, the implementation of justice, and the achievement of security. It is evident that the Holy Quran, in its criminal legislation, has adopted these principles, in accordance with the wisdom of Islamic law and its lofty objectives.