Loss of free will from the perspective of islamic neurolaw: The Iranian criminal justice system

Abstract

With the advancement of neurolaw and the discovery of new secrets of the brain, criminal justice systems have made significant progress in justice, employing neuroscience findings. A crucial application of neuroscience techniques in the Islamic criminal law system is to explain the dimensions of human free will from the perspective of neuropsychology, which in addition to creating a new approach to defining this element of criminal responsibility, can ensure the free will of the accused during the commitment of the crime. For this purpose, the current research is an attempt to answer these questions in the framework of Iran's criminal justice system: what is free will from the perspective of Islamic neurolaw, and what are the causes of the loss of free will? This article strives to take an appropriate step towards the development of criminal justice, and introduces Islamic neurolaw. In this study we found that mental disorders, coercion, emergency, drunkenness, somnambulism, and error are the core causes that can be assessed in specific ways using EEG and fMRI techniques, although each has limitations.