Political and Administrative Motives for Crimes and Punishments in the Kurdish Emirates during the Period (334-656 AH / 946-1258 AD)

Abstract

The topic of crime and its punishments is one that requires constant and continuous study, both in the past and present, due to the changing forms and severity of crime as events and times change. Crime is not merely a natural phenomenon, but rather an inherent part of life wherever it exists. It is naturally linked to society, in the sense that wherever social life exists, even in its simplest forms, crime is present. Crime is an ancient social phenomenon that affects all human societies, posing a danger to individuals and society and threatening its security and stability. It is also considered one of the most dangerous and harmful social phenomena to individuals and society, whether the harm is material or moral. In reality, crime harms both the individual and property and is like a deadly epidemic. Therefore, punishment came as a legal means to deter the perpetrator, achieve justice, and protect society from the recurrence of such crimes.  On the one hand, it prevents others from committing the same or other crimes. It also aims to achieve general deterrence, and it can achieve specific deterrence by reforming the offender and addressing the criminal tendency within them. Furthermore, it contributes to societal stability and clearly regulates interpersonal relationships, significantly reducing crime rates.

      Since crime is a phenomenon inherent in societies, it is not merely an act contrary to law and religion, but rather the result of a complex interplay of psychological, social, economic, cultural, and political motives that may lead an individual to violate moral, legal, and religious principles. This motive is the reason that compels the perpetrator to commit the crime intentionally, and it may sometimes influence the nature of the punishment. However, it is not considered part of the crime itself; proving a crime does not always require proving the motive, but it does help in explaining it. Therefore, the motives for crime are a result of the individual's interaction with society and their surrounding environment, such as poverty, marginalization, family breakdown, unemployment, discrimination, wars, or the absence of social justice.  Undoubtedly, the motives for crimes in the Kurdish emirates varied and differed from one period to another, depending on the primary motives. A review of historical sources reveals numerous and diverse motives that led to the commission of crimes during the period under study. This prompted us to examine this important topic during the period between 334-656 AH (946-1258 CE).