نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Field and Aims: Postmodern or eclectic criminology is a theoretical branch of critical criminology that emerged in the 1990s, emphasizing the role of language, power, and subjectivity, influenced by the ideas of the German philosopher Friedrich Nietzsche. This approach challenges traditional criminal law concepts of crime and justice, viewing crime as a result of the disruption of marginalized discourses and inequalities in the distribution of power within society. The aim of this study is to examine the possibility of integrating postmodern approaches with Islamic teachings in a responsive justice system addressing juvenile delinquency in Islamic countries.
Method: This research is descriptive-analytical and involves a literature review on postmodern criminology, postmodern criminal law, Islamic teachings, and restorative justice. Additionally, it analyzes the impact of integrating these approaches by examining existing programs and interventions aimed at reducing recidivism and rehabilitating children and adolescents.
Findings and Conclusions: The results indicate that postmodern criminal law, by critiquing traditional structures and emphasizing the humanization of criminal justice especially concerning juvenile offenses proposes conciliatory and consensual reactive approaches instead of state violence and coercion. In Islamic countries, Sharia teachings and restorative justice principles complement this approach, emphasizing rehabilitation, moral education, and alternative punishments. effective role in reducing recidivism and social reintegration of adolescents. Islamic judicial systems, by employing restorative justice and the concept of the child's best interest (Maslahah Aliyah), can offer a coherent model for responsive justice. Ultimately, integrating postmodern approaches with Islamic principles has the potential to reduce the crime cycle and enhance the social rehabilitation of children and adolescents.
کلیدواژهها English
