Foundations of the Interaction Between the Individual and Society in Criminal Policy: A Reading Based on the Views of Imam Khomeini and Contemporary Theories

Abstract

The present study examines the foundations of the interaction between the individual and society in criminal policy from the perspective of Imam Khomeini and compares it with modern legal and criminological theories. Through analysis of Imam Khomeini’s works, including Tahrir al-Wasila and Sahifeh-ye Noor, the study aims to demonstrate his comprehensive model of criminal policy, which, by integrating dynamic Shi‘a jurisprudence with Islamic philosophy, simultaneously protects individual rights and considers collective social interests. The research adopts a descriptive–analytical method based on content analysis of Islamic legal texts and a comparative examination with modern theories such as John Rawls’ theory of distributive justice, Hirschi’s social control theory, and Sandel’s communitarianism. The findings indicate that Imam Khomeini, relying on principles such as the rule of “no harm” (la darar), the concept of public interest (maslahat al-nezam), and the preservation of human dignity, formulated a balanced framework in which justice is understood not merely as punitive but also as restorative and grounded in social responsibility. This model emphasizes crime prevention through strengthening social solidarity and civic ethics. The results suggest that integrating Islamic jurisprudence with modern approaches can contribute to the establishment of a balanced and humane criminal justice system. The study enriches indigenous criminal policy scholarship while offering a practical framework for judicial policymakers in drafting criminal legislation and designing crime-prevention programs.