فهرست مطالب مسعود نیک پرور

Considering its direct relation to human soul and dignity, penal jurisperudence is always dependent upon Nas(text). Thus, any violation or restriction of the scope of the sentence requires a valid religious reason about the case. However, in addition to the one-propositional approach to religious evidences, a holistic approach to a set of religious evidences and the implications of this holistic view can be proposed. This implications, which can be categorized in the form of concepts of sharia purposes, similar reforms, and general rules governing jurisperudence, represent the general bias and orientations of legislator in the position of legislation. Theoretically, the authority of the ruling based on such an approach can be proved according to some Quranic evidences and the validity of the concept of induction and spiritual continuity. As Jurists have stepped in to develop and deepening of juristic judgements by taking an holistic approach toward islamic evidences and its implications. Paying attention to the population, emphasizing on the prevention of crime, paying attention to specific criminal groups, avoiding the tormenting character of punishments, etc. are only part of the results of citing hypertext implications in penal jurisprudence.

In order to make inferences from divine law, Islamic jurists often refer to the letter of scripture and religiously-endorsed evidence in their isolated form or as a single proposition, whereas, other times, those who have a full command of the fundamental provisions aim to imitate the religious laws and grasp the overall spirit of the Sharia law, and assess the evidence through this holistic approach. Thus, the spirit of Sharia not only delineates the legislative will of the legislator, but it is also used by the jurists for interpretation of the legislator's will. In Imamiyah criminal jurisprudence, there are numerous references to the spirit or taste of Sharia. Islamic jurists have employed this concept in areas concerning issues with no textual evidence, the method for analysis of laws, the resolution of contradictions in laws, and the interpretation of religiously-endorsed evidence. The present study investigates and validates the concept of the spirit of Sharia, and explains its functions in criminal jurisprudence (criminalization), methods for interpretation of criminal subjects, and resolution of any possible contradictions.

Crimes against schools are costly problem economically and socially. In recent years, most of the emphasis on financing was to focus on situational prevention techniques. While these techniques are important but researches show that offenders who indeed are the students of the school, have no efficient information about damages resulted from their actions. Regarding to this reason, restorative approach by requiring the offenders to get information about their actions and take responsibility of them, has better results than formal criminal justice system in reducing reoffending rate and promoting satisfaction of participants in this process.