The Concept of "Crime" in Islam’s Criminal Policy According to Allameh Tabataba’i’s Theory of Conventionals

One of the distinguishing features of Islam's criminal policy is that it considers human’s life based on truth and purposeful. Allameh Tabataba’i believes these two features are obtained through the interaction of real and conventional matters. The distinction between real and conventional matters and the relationship between the two has some important effects on different fields, especially the criminal policy. Considering crime as one of the social conventionals  ـ besides its application for the philosophical analysis of crime  ـ provides a relatively clear criterion and basis for criminalization in the criminal policy of Islam. Using this approach to analyze crime helps to provide a firm basis for justifying criminalization, and at the meantime paying attention to social developments. Criminal policy, according to Allameh's view, considers Shariah’s (the Divine law) conventionals as a criterion and measure of criminal policy strategies in the social validity of crime, while taking into account social developments and ensuring the movement of people. Shari'ah prevents the interventions in which the criminalization conventionals are in conflict with the Shariah’s principles; and on the other hand, it provides some criteria and measures for cases of criminalization in which there is no apparent [Divine] command. The described mechanism prevents the deviation of criminal policy while ensures having a dynamic perspective on criminal policy.