The Effect of Denial of Confession of Theft in Quash of Ḥadd(Critique of Article 173 of the Islamic Penal Code Enacted in 2013)

Majority of jurists believe that denial of confession is not acceptable, except in the case of murder and stoning, and have ordered the execution of ḥadd and the legislature is subject to the same view. Another group considers the denial of confession to cause the Imam to choose performing ḥadd. The third theory considers denial of confession acceptable and causes ḥadd to quash, just like the case with stoning and murder. This article while critically studying the foundations of existing perspectives, accepts recourse to confession to a certain degree, after analyzing its documentation (ijmā‘, narration of jamīl, the rule of dar’, assimilation of denial after confession with repentance, tolerance of ḥudūd) presents tanqīh-i manāṭ (refining reason) and the legislator's attention to the issue of blood as a new reason for this theory in confirmation of it and accordingly, it proposes to amend article 173 of the Islamic Penal Code.