A Comparative Analysis of the Role of Islamic Jurisprudence in Criminal Law of Iran and Arab Countries

Abstract

This article examines and compares the role of Islamic jurisprudence in the criminal law of Iran and Arab countries. Islamic jurisprudence, as one of the primary sources of legislation in Islamic countries, has a significant impact on their criminal law systems. This research reviews the historical background of criminal law in Arab countries and Iran, analyzes the role and position of Islamic jurisprudence in these systems, and examines its application and enforcement in criminal laws. The study further explores the similarities and differences in the implementation of Islamic jurisprudence in Iran and Arab countries from a comparative perspective. The findings indicate that despite the extensive commonalities in the principles of Islamic jurisprudence, there are notable differences in its application within the legal systems of Iran and Arab countries, influenced by divergent jurisprudential interpretations and cultural and social factors. This article also addresses the challenges and opportunities faced by Islamic legal systems in adapting to contemporary conditions and offers recommendations for improving criminal laws.