The Role of Jurisprudential Liability Foundations, Philosophical Teachings, and Rational Deductions with a Victim-Centered Approach in the Recognition of Iran’s Legislative Criminal Policy

Abstract

The protection of the victimized complainant is the cornerstone of supportive (proactive) victimology. As one of the principal actors in the criminal justice system, the victim can play a crucial role in the crime control process. The present study aims to examine and analyze the desirability, applicability, and effectiveness of jurisprudentially foundational principles, rational deductions, and normatively ethical and philosophically driven principles, as well as the extent to which these foundations are accepted in guaranteeing victims' rights and their prominent supportive manifestations in preventing victimization within the framework of a victim-centered criminal policy. Additionally, the study seeks to elucidate the structural dimensions of these influences, their coordination, and the model that can be presented for these interconnections. The findings of this study, which employs a comparative and analytical approach using a descriptive-analytical method and library-based data collection tools, indicate that the ultimate goal is to institutionalize a general inclination toward the implementation of new legal rules and institutions, ensuring they do not become obsolete due to minimal negligence. Therefore, identifying the jurisprudential, religious, and ethical foundations of laws, comparing and aligning them, and drawing inspiration from restorative justice principles facilitate the swift and widely accepted implementation of such measures in the criminal process. This also serves as a basis for novel jurisprudential reasoning in addressing real-life incidents, ensuring support for victims in accordance with justice. Accordingly, the role of the dynamic elements of jurisprudence, which are developed based on scholarly research and juristic rulings—including independent rational principles (al-mustaqillat al-‘aqliyyah), the broad applicability of the "no harm" rule (lā ḍarar), and other victim-centered jurisprudential principles—demonstrates the prominence and robustness of Islamic jurisprudence and ethical rules in the realm of victim-centeredness and Islamic victimology. This approach underscores the significance of religious and legal frameworks in safeguarding the interests of victims, possessing the necessary capacity to uphold rights and to adjust, transform, and eliminate the cycle of repeated victimization. Such an approach is essential for achieving transformative and successful outcomes. The recent approach of Iran’s criminal laws, due to contemporary exigencies, entails effective and substantial protective capacities for victims. The acceptance of this novel understanding has resulted in the realization of rights, the acquisition of opportunities, and the introduction of new lenient criminal institutions, which have been reflected in the enhanced role and participation of victims in criminal proceedings and their protection within the current Iranian criminal law framework. This shift, influenced by a paradigmatic change in perspective, presents an improved legal framework compared to previous laws. In light of independent rational judgment, what is embraced by the legal system should be preserved and reinforced, thereby manifesting the progressive transformation and approach of a sagacious legislator.