1
Associate Professor, Penal Law and Criminology, Farabi College, University of Tehran
2
M.A. in Penal Law and Criminology, Farabi College, University of Tehran
Abstract
Repentance is one of the factors leading to collapse of punishment or decreasing it. This valuable institution which shows importance attached to correcting criminals through implementing punishments is of a cordial nature and, of course, it has its own terms and conditions in religion including attempts to compensate one’s past actions. In an innovative way, the Islamic Penal Code (approved 1392/2013) brought this valuable notion in the Iranian Penal system in a systemic way. Though valuable on its own right, this seems to be formulated somehow hastily and without taking into account all aspects. In what follows and while assessing measures taken in the above Code for institution of repentance, the authors have introduced some suggestions among which one can mention the followings: necessity of forecasting collapse or decrease in religious punishments (ta‘zirat), specifying some standards for accepting one’s repentance, forecasting the impact of repentance if the criminal repeats crimes for which religious punishments have been predicted, and forecasting religious punishment if penance is collapsed because of the criminal’s repentance in some serious penance crimes such as corruption in Earth or penance theft. Such suggestions seem to be among the most important solutions to solve problems in the Code as well as to take into account the institution of repentance in a more efficient way.
Hajidehabadi, A., & Rajabi, M. (2016). A Reflection upon the Rules of Repentance in the Islamic Penal Code (approved 1392/2013). Islamic Law, 12(46), 7-31.
MLA
Ahmad Hajidehabadi; Mohammad Rajabi. "A Reflection upon the Rules of Repentance in the Islamic Penal Code (approved 1392/2013)". Islamic Law, 12, 46, 2016, 7-31.
HARVARD
Hajidehabadi, A., Rajabi, M. (2016). 'A Reflection upon the Rules of Repentance in the Islamic Penal Code (approved 1392/2013)', Islamic Law, 12(46), pp. 7-31.
VANCOUVER
Hajidehabadi, A., Rajabi, M. A Reflection upon the Rules of Repentance in the Islamic Penal Code (approved 1392/2013). Islamic Law, 2016; 12(46): 7-31.
