خلاصة:
Crime damage reduction is an approach that has been introduced in the West in the last century. Based on this approach, in some cases, by accepting the crime and regarding the perpetrator as a patient or a vulnerable member within the community, concerned institutions and organizations attempt to mitigate the damage caused by the crime. Alleviating damages of drug addiction, drinking and prostitution is one of the main examples of this approach. Using a documentary method, this paper, while exploring feasibility and explaining some of the jurisprudential foundations of this approach, tries to discuss some jurisprudential instances adaptable to this rule. The results of the studies indicate that from the jurisprudential point of view, this approach is acceptable by satisfying some criteria and rules such as repelling more corrupt acts with corrupt ones, prioritizing the more important, expediency, necessity and state verdict are one of the most important grounds for accepting this approach.
ملخص الجهاز:
A Jurisprudential Study of the Foundations and Instances of the Social Harm Reduction Approach to Crime, with an Emphasis on Drug Addiction Mohammad Ali Haji Dehabadi<FootNote No="53" Text="Associate Professor and Faculty Member of the Department of Criminal Law and Criminology, University of Qom dr_hajidehabadi@yahoo.
The results of the investigations indicate that from a jurisprudential perspective, this approach is acceptable provided certain regulations are observed, and rules such as "warding off the more corrupt with the corrupt" (daf' al-afsad bi al-fasid), "prioritizing the more important" (taqdim al-aham), "public interest" (maslahat), "necessity" (darurah), and "governmental ruling" (hukm hukumati) are among the most important foundations for accepting this approach.
Based on this principle, wherever the interest of the general society requires it, one can attempt to reduce the harms of crime through rational methods; of course, as previously mentioned, governmental rulings are temporary and conditional upon specific circumstances and the existence of interest.
Considering the fatwas of the jurists, it can be said that regarding the cases of permissibility, especially concerning addicts for whom there is no hope of cessation, in order to prevent the harms of addiction, such as the spread of dangerous diseases, the rule under discussion can be proposed based on the principle of prioritizing the more important or via a governmental ruling for the sake of public interests.
However, within this same discussion, one case might perhaps be considered an instance of the rule of "reducing the harm of the crime of adultery.
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