Lombroso's Theory of In-born Criminality in Criminals: A further review through Islamic Law Perspective
No Thumbnail Available
Date
2022-12
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Department of Sharia, Faculty of Law, University of Maiduguri, Nigeria
Abstract
The Scientific bio-genetic reason for crime as popularized long time ago by Cesare Lombroso predicates reason for crime on some human biological formations. This idea seems to be unfair to man if he must be punished for crimes influenced by biological makeup of his physical body instead of blameworthy mind and criminal intent of his. This paper argues against this as the concept will leave open a big loophole in our penal system i.e. punishments will lie with no justifying moral ground for same. The writer looks into the perspective of Islamic Law on this to unravel its position on the issue for possible positive influence on the contemporary law of crime anywhere. This paper finds that no solid basis exists for the so-called biogenetics factor of criminality. The paper consequently finds that it is in justice to punish offenders only on the biological makeup of their physical bodies. Rather, it is found in addition that penalty should flow only upon criminal intent of man and his blameworthiness. The writer hereby recommends harmonization of two additional points of argument against the biogenetic factor of crime alongside the useful critique of the said scientific theory of crime by Charles Goring. It is also recommended that the reward system of Islamic Law be adopted for operation in the Nigerian Law of Crime. The paper follows doctrinal methodology in discharging its work schedule as same
Description
Keywords
Citation
(2022) Vol. VII, No. 1 UNIMAIDJICOL