Criminal policy in comparative Islamic jurisprudence - approaches to the jurisprudence of monopoly

Abstract

Scholars differentiate between criminal law and criminal policy. Law comes after the criminalization of an act and outlines punitive measures for the crime, while criminal policy is the social theory for dealing with behavior that violates ethical standards, public interest standards, and public order. This begins with analyzing the criminal phenomenon, its causes, and precautions to reduce its spread and harmful effects, then deterring perpetrators from committing crimes. Then, after the crime has occurred, determining the deterrent punishment. Criminology literature has devoted significant research to criminal policy, while jurisprudential research in this field has yet to fully address the topic. Therefore, this research represents a preliminary approach to explore the features of criminal policy in the research of jurists. We have chosen the crime of monopoly as a model, considering it a personal act with social impacts and economic damage, and entailing necessary responsibilities and measures for the state.