Understanding the Concept of Crime and the Typology of Offenders in the Holy Qur’an with Reference to Criminal Sciences

Abstract

The Holy Qur’an refers to violations of divine commands using expressions such as ithm (sin), maʿsiyah (disobedience), munkar (wrongdoing), khaṭīʾah (fault), and similar terms, and introduces various worldly and otherworldly punishments as enforcement mechanisms for failing to comply with religious obligations and divine injunctions. In Islam, criminalization and the imposition of punishment outside the framework of divine law are considered illegitimate. In criminological science, relying on human legislative criteria, the term crime or offense is applied to any act or omission deemed dangerous to the majority of society. Between the religious concept of sin and the legal-criminological concept of crime, there exists a relationship of partial overlap. The primary characteristic of crime in criminology and criminal sciences is the existence of penal sanctions. Therefore, equating these two concepts and extending punishment to all prohibited acts is incorrect. The principal basis for the classification of offenders in both the Holy Qur’an and criminological science is largely related to the psychological and personality conditions of individuals as well as the acts they commit. Criminology refers to this condition as the “dangerous state.” Similarly, in the Holy Qur’an, hypocrisy, disbelief, polytheism, and the conscious denial of truth are regarded as characteristics of offenders who, due to eternal punishment, are classified among the most dangerous criminals. Accordingly, the Holy Qur’an does not treat all offenders uniformly but recognizes their classification. In criminal sciences, the classification of offenders is considered a fundamental strategy in determining social responses to criminal phenomena—a strategy that, through engagement with Qur’anic teachings, may contribute to the transformation of criminal justice systems in Islamic countries.