The Scope of the Rule of Iqdam in Criminal Jurisprudence and Criminal Law with an Evidence-Based Approach

This article examines and explicates the “Rule of Iqdam” and the extent of its application in the field of criminal jurisprudence and criminal law. The Rule of Iqdam, recognized among Islamic jurists, states that if an individual knowingly and intentionally takes action to their own detriment, the responsibility for the resulting harm rests upon themselves, and others are exempt from liability. Although the discussions surrounding this rule have predominantly been raised in the domain of civil law and private relations between individuals, this study—with an evidence-based approach and through jurisprudential and legal discourse in a library-based method—addresses the applicability or inapplicability of the Rule of Iqdam in criminal matters. In this regard, the concept, conditions, pillars, and proofs of the Rule of Iqdam in the realm of criminal law are analyzed and evaluated, drawing upon arguments such as the identification of the Rule of Iqdam as a jurisprudential principle, juristic opinions, defense theory, the scope of consent, and relevant examples grounded in the principle of action. Moreover, its manifestation in criminal law was investigated through a close examination of particular instances. Ultimately, considering the innovative aspects, this study: first, identified the main reasons for the crystallization of the Rule of Iqdam in criminal affairs; second, with an evidence-based approach, established the principle of acceptance of the Rule of Iqdam in criminal matters; and third, by affirming this rule as a widely applicable principle in criminal contexts, highlighted the necessity of reform and transformation in certain legal provisions, particularly Clause (p) of Article 38 of the Islamic Penal Code enacted in 2013, and emphasized the need for establishing the institution of Iqdam within criminal law.