THE CONCEPT OF CRIMINALIZATION BETWEEN CRIMINAL JURISPRUDENCE AND NAHJ AL-BALAGHA: THE LETTER OF IMAM ALI (PEACE BE UPON HIM) TO AL-HARITH AL-HAMADANI AS A MODEL

Abstract

The will of God has decreed that humans live in societies rather than individually. These human gatherings necessitate the existence of principles and rules to regulate relationships among individuals. Human intellect and insight have guided the establishment of laws and regulations to ensure societal stability and protect the weak from the dominance of the strong. Furthermore, divine laws revealed by God through prophets and messengers to His servants have created numerous principles to organize relationships within different societies.

Criminalization is a fundamental aspect of legal systems worldwide. It plays a crucial role in shaping societal norms and defining acceptable behavior to protect public order, individual rights, and the stability and safety of society. Determining actions or behaviors that are considered harmful to individuals, society, or the state and formally classifying these actions as crimes under the law is a significant element in maintaining societal stability. However, the concept of criminalization is not static; it evolves according to changes in time and place.

There remains a common factor among actions that the human conscience rejects and that are entirely incompatible with innate human nature. These actions are foundational to societal standards, as articulated by the Commander of the Faithful, Imam Ali (peace be upon him), in part of his letter to Al-Harith Al-Hamadani:

"Beware of every deed that its doer would approve for himself but dislike for the generality of Muslims. Beware of every deed that is done secretly but one is ashamed of in public. Beware of every deed which, if its doer is questioned about it, he would deny or excuse himself for it."[1]

The concept of criminalization has evolved in various national and international legal systems. Yet, it remains rooted in actions that harm individuals or society while considering the effects of the committed act.

The idea of criminalization is subject either to the principle of harm caused by the criminalized act, the prevailing moral standards of society, or the care and supervision imposed by the general authority to ensure the safety of individuals themselves.

To shed light on this part of the book by the master of eloquence, Imam Ali (peace be upon him), as a foundation for the concept of criminalization, our study is divided into two topics:

The first topic explores the concept of criminalization by defining it, tracing its developmental stages, and highlighting its dimensions at the international level.

The second topic examines the criteria outlined in the letter of the Commander of the Faithful (peace be upon him) to Al-Harith Al-Hamadani. This includes discussing the idea of violating

individual rights, societal harm, the standard of secrecy versus publicity of actions, and the consequences and implications of such actions.