AMRE- BE- MAROOF AND NAHIE - AZ- MONKAR IN THE SCALE OF CRIMINAL POLICY

Document Type : Research Paper

Author

Assistant Professor of Faculty of Law and Political Science of Tehran University

Abstract

Amre- be- Maroof and Nahie- Az- Monkar is one of the basic
foundations in relation to construction of religious values and thus it has
always had a superior position in the arguments of Motekallemin and
Foghaha. Its importance in the pyramid of Islamic beliefs and thoughts is
such that it is said any disrespect to this foundation will amount to detention
of all the rules and regulations, values, safety and the proper social system.
The constitution of Islamic Republic of Iran has provided this institution as a
public mutual duty owed by the government and the nation in the public law
system of the state. Determination of the details of these relationships is
subject to a statute which is not yet enacted. Generally it is said that this
foundation can act as a particular statute for a generous intervention in the
people’s affairs. Whilst, the capacity of this foundation is much more than a
particular statute, since it is per se a system-making foundation and can
constitute several cultural, political and social foundations. Also in reliance
to its organizing and system-making capacity it can construct social
foundations and thus terminate into the basis and foundation of the several
above foundations. We can protect the society on the basis of justice and true
human dignity from several problems including: crimes and offenses and it
can even be used to negate and eliminate some unnecessary criminal
foundations.

Keywords

Law Quarterly
Volume 43, Issue 2 - Serial Number 2
September 2013
Pages 155-168

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