Analysis of Postmodern Criminology with the Controversy of Criminal Law and Islamic Ethics

The process of theoretical approaches in explaining crime throughout the history is indicative of various interpretations of crime. In 1980s, in the light of French and German schools of thought, the post-modern movement arouse just because they have a new interpretation of the concept of crime within the domains of criminal justice. It was mainly believed that crime was the outcome of dominating political and cultural systems and hence criticized the inefficiency of modern criminal justice and norm producing systems; so that the post-modern promoters resorted to a different approach in evaluating the concept of crime by discarding assumptions and deliberate concepts in criminal justice, rejecting the etiology and criticizing the legal, spiritual and material principals of cirme. The aim of the present study is to investigate the theoretical paradigms of crime, its nature and objectives in postmodern criminal law and to evaluate the differences and commonalities of this intellectual insight with articles of the Islamic Penal Code in a descriptive-analytical approach.

The Present article is performed using by descriptive-analytical method.

The result of postmodernist reading of crime in the light of the components of power, mentality, discourse and denial of narratives, despite the strangeness and difficulty, in terms of critique of the basic concepts of criminal law is very important for crime discourse, especially Islamic penal code, because all orientations in criminal law are in the form of a definition of crime.

From a postmodern point of view, the definition of crime from harm, death, financial and dignity has changed to the violation of welfare, security, appropriate medical facilities and dignified life and crimes against welfare and basic human rights. In addition, the ruling power always restricts these inherent rights with racist ideas and gender and religious discrimination, or restrictions arising from different political and religious views.