An Analysis of Anthropological Criminology from the Viewpoint of Initial Victimology in Qisas (Retaliation) Punishment with an Emphasis on Imam Khomeini’s Views

Abstract

Abstract This analytical-descriptive research work intends to clarify anthropological criminology in the area of initial victimology in Qisas (retaliation) punishment with an emphasis on Imam Khomeini’s views. The paper clarifies resorting to rational choice and victim precipitation theory, rule of action and instigation, greater contribution of perpetrator than accessory under certain circumstances stipulated in religious rules, and victimization of passive, faultless and instigating victims in view of Imam Khomeini. Depending upon an intention to commit a crime, murder without Qisas punishment, unprotected outlaw, be it absolute or relative, such as right of self-defense, killing wife in other man’s bed, father-child incest, consent of the victim in murder case, lack of equality between delinquent and victim in view of reason and religion are all effective in victimization in Qisas. The difference between Auguste Comte’s anthropological criminology and theological views in Imamiya and Islamic jurisprudence, reflected in Imam Khomeini’s views, lies in mere determinism and empiricism where Comte considers man a one-dimensional creature while Islam focuses on religious anthropology and says Quran and traditions are compendiums of knowledge and the Imams from among men are infallible.

Keywords

• initial victimology
• punishment
• qisas (retaliation)
• anthropological criminology
• right of self-defense