Status of Principles of Criminalization in the Criminal Policy of Islam

Abstract

As a unique and differential policy, the criminal policy of Islam underlies principles of law wherein principles of criminalization assume a special place. These principles were not existing in common laws up until the Renaissance, and they emerged following the reaction of the 18^th century scholars and theorists to the inhumane measures of ecclesiastical courts; meanwhile, these principles were also influenced by Islamic culture and civilization. This is evidenced by rational and narrative arguments in the Islamic legal system. Among these principles, two principles of necessity and legality of criminalization have received much attention because they can better support the human dignity as the focus of every criminal policy. Since the protection of human dignity is highly emphasized by the Islamic criminal policy, it is essential to observe the principles to demonstrate the dignity-based criminal policy of Islam.