POLICY OF HARM REDUCTION FROM THE PERSPECTIVE OF THE PRINCIPLES OF ISLAMIC JURISPRUDENCE

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RAHIMIPOUR IMAN; HABIBZADEH MUHAMMADJAFAR; OMIDI JALIL

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Journal: CRIMINAL LAW RESEARCH Year:2018 | Volume:6 | Issue:22 Page(s): 141-170

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Title

POLICY OF HARM REDUCTION FROM THE PERSPECTIVE OF THE PRINCIPLES OF ISLAMIC JURISPRUDENCE

Author(s)

RAHIMIPOUR IMAN | HABIBZADEH MUHAMMADJAFAR | OMIDI JALIL | Issue Writer Certificate

Keywords

HARM REDUCTION POLICIES

ARGUMENTS OF THE OPPOSITE

THE CONGREGATION OF SANCTION AND INTERDICTION

OBSTRUCTION

Abstract

During the last three decades, Iranian society has been facing a dramatic increase in behaviors including drug abuse, prostitution, and alcoholism. Iranian penal justice system, notwithstanding the application of strict punishment approaches and numerous preventive policies, not only has failed to prevent the emergence of such behaviors but also has neglected targeted reduction of harms from such behaviors like the HIV-AIDS outbreak. The most important reason for the Iranian policy makers' reluctance to adopt such approaches as "HARM REDUCTION POLICIES" has been jurisprudential and shariarelated obstacles. However, even though there are numerous arguments within jurisprudential texts banning the above-mentioned anti-social behaviours, in the confrontation of the traditional approach (aiming at punishment and cure) and the HARM REDUCTION POLICIES (aiming at promoting individual and social health), such fundamental arguments as "the Opposite", "the Congregation of Sanction and Interdiction", and "obstruction" could be of interest in justifying the latter policy. A clarification of fundamental arguments would indicate that "obstruction" and "the Congregation of Sanction and Interdiction" in most cases stipulate the interest of the harm reduction policy over the traditional approach. Thus, it is suggested that instead of irregular and temporary HARM REDUCTION POLICIES adopted by executive authorities, the legislator formulates a comprehensive policy addressing such issues.

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APA: Copy

RAHIMIPOUR, IMAN, HABIBZADEH, MUHAMMADJAFAR, & OMIDI, JALIL. (2018). POLICY OF HARM REDUCTION FROM THE PERSPECTIVE OF THE PRINCIPLES OF ISLAMIC JURISPRUDENCE. CRIMINAL LAW RESEARCH, 6(22 ), 141-170. SID. https://sid.ir/paper/266625/en

Vancouver: Copy

RAHIMIPOUR IMAN, HABIBZADEH MUHAMMADJAFAR, OMIDI JALIL. POLICY OF HARM REDUCTION FROM THE PERSPECTIVE OF THE PRINCIPLES OF ISLAMIC JURISPRUDENCE. CRIMINAL LAW RESEARCH[Internet]. 2018;6(22 ):141-170. Available from: https://sid.ir/paper/266625/en

IEEE: Copy

IMAN RAHIMIPOUR, MUHAMMADJAFAR HABIBZADEH, and JALIL OMIDI, “POLICY OF HARM REDUCTION FROM THE PERSPECTIVE OF THE PRINCIPLES OF ISLAMIC JURISPRUDENCE,” CRIMINAL LAW RESEARCH, vol. 6, no. 22 , pp. 141–170, 2018, [Online]. Available: https://sid.ir/paper/266625/en

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