نوع مقاله : مقاله پژوهشی
نویسندگان
1 گروهحقوق، مرکزتسوج،دانشگاهآزاداسلامی،تسوج، ایران
2 دانشجوی دکترای حقوق کیفری و جرم شناسی، واحد تبریز، دانشگاه آزاد اسلامی، تبریز، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Abstract
Purpose: The institution of repentance is emphasized as a legal institution in the Holy Qur'an and in numerous hadiths and from the perspective of Islamic jurists, and it is today considered as one of the factors of mitigating or reducing punishment.
Methodology: This qualitative research made use of descriptive-analytical method and was library-based.
Findings: Islamic schools have agreed on the fall of the afterlife punishment in case of repentance, but there are differences of opinion regarding the fall of the worldly punishment. Although public jurists have not paid attention to the quality and conditions of repentance compared to Shia jurists, differences are evident in some jurisprudence texts between the four Arbaah differences. Sunni jurists believe that repentance before arrest is the reason for the reduction of the punishment, but there are dissimilar opinion in other extreme crimes, because some people, citing verses, traditions and analogy of priority, have considered repentance as the reason for the reduction of other punishments, except for the punishment of muharibeh.
Conclusion: From the point of view of the Islamic Penal Code of 2013, repentance only causes the fall of punishments that have the aspect of pure divine right and has no effect on the rights of people; therefore, in Qazf and Muharebeh, after proving and mastering the criminal, repentance does not cause the reduction and fall of the punishment. The legislator's innovation in separating punishment crimes according to the degrees of severity and weakness and punishment and accepting the effect of repentance only in light crimes lacks justified grounds and legal balances and is against Sharia rules and in the position of expression.
کلیدواژهها [English]
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