In the past, a person could be punished regardless of his mental and emotional state and solely based on the physical and material attribution of criminal behavior; But today, the psychological element of crime is considered one of the most important and key topics of criminal law. Therefore, based on that, criminal responsibility is imposed on the perpetrator of criminal behavior only if he has done this behavior with knowledge and awareness, free will and intention. The purpose of this article is to answer these questions, why is the psychological element of the crime necessary to justify the criminal responsibility of the perpetrator of the criminal behavior? What are its foundations and evolution according to the theories proposed in criminal law schools? What position does this concept have in the school of Islam? The answer to these questions will help us to understand the importance of this important pillar of criminal law and to use its indicators in the analysis and evaluation of criminal behavior so that an innocent person is not unjustly punished and a guilty person is not punished. Analyzing the basics of the psychological element is necessary because understanding its concepts is more difficult than the other two elements (legal and material) due to the subjective nature of its components (knowledge and awareness, will, intention and motivation). Our attitude towards this element also depends on which of the schools of thought of criminal law we believe in regarding this element. On the other hand, one of the important sources of our criminal laws is the rulings of the holy religion of Islam and Islamic jurisprudence, while the concepts of the psychological element and its components, much earlier than the schools of thought, were analyzed in Islamic criminal law in a detailed manner and with great precision. It is established and can be considered. For this reason, the basics of the psychological element in the Islamic legal school have also been briefly analyzed and examined.
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