Background: The criminal justice paradigm is a model rooted in the Islamic jurisprudence system, which, with the approach of intelligent control of crimes and the establishment of criminal laws, seeks to realize and extract a desirable and efficient penal system in order to punish criminal acts and behaviors.
Purpose: In view of the ultimate goal of punishment legislation (prevention of crime), the purpose of writing this essay is to understand the concept and philosophy of criminal justice legislation regarding punishment and also to explain the educational position of this issue in Islamic jurisprudence and legal teachings.
Method: This research is of documentary type and in line with the analysis of Imam Khomeini's opinion regarding the process of criminal justice based on punishment, the findings by referring to information sources in the field of criminal jurisprudence and the philosophy of punishment in the Islamic legal system based on human dignity. The utility, correction, education and rehabilitation of criminals have been compiled.
Conclusion: In the thought system of Imam (RA), the punishment of the criminal is considered in the process of looking at him humanely and generously and on the basis of kindness and mercy towards him; From this point of view, the basis of punishment will not only be in conflict with his human dignity, but also with the purpose of educating the criminal and in the direction of reforming and resocializing him and laying the foundation for the happiness of the individual and the society.