The evaluation of “ Criminal Causation” based on Islamic Wisdom

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JAVIDI MOJTABA

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Journal: LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY) Year:2018 | Volume:10 | Issue:3 (29) Page(s): 67-99

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Title

The evaluation of “ Criminal Causation” based on Islamic Wisdom

Author(s)

JAVIDI MOJTABA | Issue Writer Certificate

Keywords

criminal causationQ2

causalityQ1

positivist criminologyQ1

criminalityQ1

Islamic WisdomQ2

philosophy of criminologyQ1

Abstract

The principle of causality is one of the most important philosophical principles which is discussed not only in natural objects but also in human behaviors such as, criminal behaviors. However, the analysis of causality in human behaviors is different from its analysis in natural objects. Due to its epistemological basis, the “ criminal causation” approach has not had the ability to analyze this principle. This article has investigated and criticized the “ criminal causation” based on Islamic jurisprudence. Moreover, this study has referred to and explained the most important weaknesses of this approach in analyzing causality in criminal behavior, namely, the confusion between the concepts of “ cause” and “ conditions” of genesis, the sufficiency of seeking for cause and neglect of reasoning and meaning, the etiology based on the presupposition and the previous researcher’ s mental plan, the thought of determinism in explaining the criminal behavior, the rejection of unnatural causes in committing crimes, the shift from the ultimate cause to the agentive material cause, and the focus on conditions of genesis instead of real and creative causes of genesis.

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APA: Copy

JAVIDI, MOJTABA. (2018). The evaluation of “ Criminal Causation” based on Islamic Wisdom. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), 10(3 (29) ), 67-99. SID. https://sid.ir/paper/223551/en

Vancouver: Copy

JAVIDI MOJTABA. The evaluation of “ Criminal Causation” based on Islamic Wisdom. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY)[Internet]. 2018;10(3 (29) ):67-99. Available from: https://sid.ir/paper/223551/en

IEEE: Copy

MOJTABA JAVIDI, “The evaluation of “ Criminal Causation” based on Islamic Wisdom,” LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), vol. 10, no. 3 (29) , pp. 67–99, 2018, [Online]. Available: https://sid.ir/paper/223551/en

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