Prevention of Administrative Crimes in the Light of Islamic Jurisprudence Principles and Rules

Abstract

The Islamic criminal justice system, like other criminal justice systems, has laws and regulations for intervening in administrative crimes. In Islam, administrative crimes are examined and punished based on the Islamic legal system and its laws. In an Islamic administration, individuals entrusted with administrative responsibilities are expected to carry out these duties with maximum integrity, honesty, and operational commitment. Dealing with administrative crimes in Islam depends on the magnitude and severity of the offense and may involve various punishments. Possible punishments include fines (diat), imprisonment, and in some cases, even execution. There are direct instances of intervention in administrative crimes recorded in the traditions of the Prophet Muhammad (PBUH). For example, the Prophet (PBUH) instructed rulers and administrative managers to adhere to justice and honesty in their duties and to impose penalties in cases of legal violations and crimes. In Islamic countries, there are also laws for intervening in administrative crimes. For instance, in Iran, laws related to administrative crimes are enforced by the judiciary and executive bodies, and legal experts and judges address and decide on administrative crime issues based on these laws. This research, using descriptive and analytical methods, presents various approaches for addressing administrative crimes. These approaches include leveraging the principles of enjoining good and forbidding wrong, public oversight of administrative regulations and procedures, enhancing criminal, civil, and administrative responsibility of administrative rule-makers, merit-based selection of rule-makers, shifting their perspectives, following and eliminating redundant administrative regulations, public involvement in selecting administrative officials, reporting harmful regulations, and supporting proper administrative regulations and practices. These approaches are based on Islamic jurisprudential sources.