نوع مقاله : مقاله پژوهشی
چکیده
کلیدواژهها
عنوان مقاله [English]
This research examines the phenomenon of inflation in criminal laws, focusing on its impact in two areas: formal and substantive laws. The main research question is how to make the process of decriminalization of fixed and variable crimes possible based on Islamic penal policy? The aim of the research is to explain the jurisprudential foundations and principles of Islamic Sharia in order to facilitate the understanding of educational institutions, policymakers, and researchers regarding the flexibility of Islamic jurisprudence in the face of social changes; in a way that shows that facing secondary topics and social necessities not only does not conflict with the fixed provisions of Sharia, but also that in the area of punishments and deterrent punishments, decriminalization can be realized within the framework of Islamic jurisprudence. The research method is descriptive-analytical and based on library study and written sources. The scientific findings of the research show that in the Islamic penal system, the ijtihad and flexible foundations of Sharia provide the possibility of reforming, modifying, and decriminalizing some Ta'ziri rulings in specific circumstances, without conflicting with the established principles of jurisprudence.
کلیدواژهها [English]
)