Jurisprudential Foundations and Social Capacities of Open Sentencing in the Realization of Participatory Criminal Policy in Islamic Law
Keywords:
Open Sentencing, Participatory Criminal Policy, Islamic Law, Jurisprudential Foundations, Implementation of Punishment, Social Participation, Religious and Civil Institutions, Restorative JusticeAbstract
Participatory criminal policy, as one of the modern approaches to criminal justice, emphasizes the participation of society and civil institutions in the process of executing punishments. Within this framework, “open sentencing” can be considered a mechanism for reducing the negative effects of imprisonment and strengthening rehabilitative approaches. The aim of this study is to explain the jurisprudential and legal foundations of open sentencing in the Islamic legal system and to examine the capacities and challenges of its implementation in line with the realization of participatory criminal policy. The main research question is: On what jurisprudential and legal foundations is open sentencing based, and what opportunities and obstacles exist in its implementation? The research hypothesis is based on the premise that Islamic jurisprudential teachings, by emphasizing principles such as justice, offender rehabilitation, pardon, and social responsibility, provide a suitable capacity for accepting this mechanism; however, certain theoretical, cultural, and executive obstacles may challenge its implementation. The research method is descriptive-analytical and based on library sources. The findings indicate that concepts such as pardon, conditional release, and reconciliation in Islamic jurisprudence can strengthen the theoretical foundations of open sentencing, and religious and popular institutions also possess significant capacity for participation in the execution of criminal judgments. Conversely, differences in jurisprudential perspectives, weak executive frameworks, and cultural challenges are among the most important obstacles to the full implementation of this mechanism.
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Copyright (c) 2025 Ebrahim Bagheri chalikdani (Author); Vahid Zarei Sharif; Seyed Ali Jabar Golbaghi Masouleh (Author)
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