Differential criminal policy in the Alawi tradition With emphasis on the The treaty of Malik

In differential criminal policy, a different response to crimes or offenders is anticipated. The legitimacy of this policy in the Imāmī jurisprudential system requires recounting the jurisprudential justification. In the written and written tradition of Amir al-Momenin Ali (as), in particular Malek Ashtar's treaty, there are different approaches to the crimes of property and white collar comparing to the crimes of ordinary people, which suggests a different criminal policy towards the perpetrators. However, the use of the Malik's treatise in the jurisprudential deductions of disbelief is observed, and the main reason for this is the fact that the Nahj al-Balagh and the treaties are linked to the weakness of the document and the narration of the words of Imam Ali (AS) in this noble book. This paper examines the credibility of the treaty and the responses to the textual doubts, the Sindhi and the Rijal Dynasty, which finds that the letter 53 of Imam Ali (as) has a solid and reliable legal doctrine in compiling a constitutional criminal law.