جستجوی مقالات مرتبط با کلیدواژه « Repentance » در نشریات گروه « فقه و حقوق »

The ruling of stoning is one of the Islamic rulings that all schools of jurisprudence, due to undeniable documents, agree on its being Islamic. In spite of this, this ruling of Islamic Islam was questioned from the beginning of the death of the Holy Prophet (PBUH) and even at the time of that noble one, the denial of some mainly political sects among the Muslim Ummah. Based on this, the purpose of this article is to examine the question of what was the quality of the execution of stoning and what are its obstacles from the point of view of jurisprudence and law? This article is theoretical and has investigated the mentioned question by using descriptive analytical method and in a library form. The findings indicate that it may not be possible to implement stoning. According to the Islamic Penal Code of 2012, if it is not possible to carry out stoning with the proposal of the court issuing a final verdict and the approval of the head of the judiciary, if the crime is proven by evidence, it will lead to the execution of the adulterer of Mohsen and the adulteress of Mohsen, otherwise it will result in one hundred lashes for each of them. It has a superior ruling. Here, a just jurist and a just Islamic ruler can issue an order according to the conditions of time and place around the implementation of that limit. As the Imams (a.s.) and Amirul Momineen (a.s.) forbade the implementation of Hadd in the land of enemies and opponents. Although the existence of some interests can prevent its implementation, such expediency must be certain and recognized by the competent people, which is foreseen in the Islamic Penal Law approved in 2013.

One of the remarkable institutions of Islamic criminal jurisprudence, which causes the active presence of the accused and the criminal, in the field of determining the judicial fate and eliminating criminal proceedings, is repentance, which is systematically reflected in the Islamic Penal Code of 2012. However, using the maximum capacity of repentance requires an institution called "Estaba" (official offer of repentance to the accused or criminal), which has been used in the criminal policy of Imam Ali (a.s.) in various crimes. Based on the results of this article, Istaba as a sovereign task is based on anthropological, political and social, moral and criminalistic elements and has various functions such as decriminalization, guidance, correction, dignity-oriented and psychological. In addition to this, in the criminal policy of Imam Ali (a.s.) it has been implemented in financial, ideological and non-victim crimes, but it is possible to extend it to all crimes in which repentance is prescribed and also as one of the conditions for the criminal to benefit from reconciliation institutions. There are criminal and post-criminal protections.

Due to the need to pay attention to dejudicialization and decarceration strategies, the repentance can be an effective tool to reduce the criminal population of prisoners. In 1392, the legislator for the first time made a general rule regarding the effectiveness of repentance in ta'zirat. Considering the legal changes and the approval of Article 115 of the Islamic Penal Code, it is important to address the realm of repentance in time and the periods in which this institution can be used. In this article, with a descriptive and analytical method and with a critical approach to uniform judicial precedent vote No. 813 of supreme court, regarding the time of acceptance of repentance, this claim is proved that based on jurisprudential and legal principles, not only before proving the crime, in all ta'zir crimes, the repentance of the accused will result in the cancelation of the punishment, but also after proving the crime and even at the time of Execution of punishment, this institution can be used.

The issue of repentance is one of the most important educational and moral teachings of the Holy Quran and Islamic traditions and has a special place and status in the holy Sharia of Islam.The truth of repentance is man's return to God, and it is a reaction on the part of man to his unworthy behavior, who has spent his life in divine sin.Recently, in the criminal law of Iran, the jurisprudential sources of the institution of repentance have been legislated to prevent the recurrence of crimes and the correction of criminals, and it has been dealt with in the eleventh chapter of the second part of the Islamic Penal Code approved in 1992.In this article, the concept of the importance and effects of the role of repentance in the fall of the hadd punishment from the perspective of jurisprudence and law, as well as the views and opinions of famous jurists are discussed. It is hoped that it will be noticed and studied by respected students and other interested parties.

Nafy-e balad[1] Punishment is one of the four punishments intended for muhareb[2]; However, there is a difference of opinion among foqaha (Islamic Jurists) regarding the duration of nafy-e balad, and thus various theories have been proposed regarding this duration, such as until the end of life, until the time of repentance, one year, and at least one year while continuing to the maximum time when repentance is performed. By referring to the Islamic sources and fiqhi texts in an analytical and ijtihadi method, and attempting to find the best theory among them, the present article studied the evidences of each of the four theories and found the evidences of none of these theories sufficient. Finally, resorting to specific evidences such as al-sahihah[3] of Barid ibn Mu'awiyah and general evidences such as the al-mu’tabarah[4] of Hafs ibn Ghias, the study suggests that determining the duration of nafy-e balad is at the disposal of hakem shar'[5], and considering the circumstances, he will determine its duration.

One of the important issues of the principles of jurisprudence is the principles of theology and the principle of acceptance has a special place among these principles. In this article, Istehhab and its effects on civil law and the Islamic Penal Code with an approach to Imam Khomeini's views studes.

Thise article is Analytical descriptive and the library method uses.

In this article, Originality of texts, honesty and trusteeship Has been complied with.

The principle of istishab is valid as one of the accepted religious principles in jurisprudential sources and principles. Adoption of the word sahib means to accompany and accompany someone or to have something with you. And in the term of jurisprudence, it is the ruling on the survival of something that was certain and realized in the past and has been questioned in the present. From Imam Khomeini's point of view, istishab is a religious principle that has been established in order to preserve the fact that the former certainty is the way and the discoverer of it. According to the principles of the constitution, this principle can be invoked in the absence of a ruling.

In the issues related to civil law, including the issues of sale, cucumber and marriage, the principle of istishab has been used. In the Iranian Penal Code, istishab is the basis of many legal rulings, including the rulings on istishab of non-deprivation of liberty, immaturity, piety, infidelity and repentance.

Human rights are rights that are realized from the birth of human beings and are independent of governments. In the Islamic penal system, in addition to emphasizing the deterrent aspect of punishments, there are many strict rules, especially on sexual crimes known as divine limits. However, there are many manifestations of depenalization that can be considered as manifestations of human rights in these penalties. Cases such as the multiplicity of witnesses or the special quality of testimony and confession, as well as the possibility of repentance in certain circumstances indicate the legislator's attention to the human personality of the offender and his/her human rights.In this manuscript, after reviewing and investigating the texts of criminal jurisprudence and scrutinizing the opinions of jurists, we found that although there is the intensity of action in the manner of punishments, due to the difficulty of proving such crimes and their special circumstances, as well as cases such as acceptance of repentance in special circumstances the objective has been deterrence and repentance of the offender and the educability of the offender and society.Key words: Human Rights, Sexual Crimes, Repentance, Depenalization

AbstractRepentance has worldly effects along with otherworldly effects. What has been studied in legal jurisprudential sources as the effect of repentance is exemption from punishment. But can a mere claim of repentance save the offender from punishment? And does repentance, which saves a person from punishment, lead to the return of justice to qualify as a judge or witness, etc.? This descriptive-analytical study shows that since true repentance requires becoming in the essence of the person, then the return of personal justice can be concluded as a desirable effect in whatever justice is a necessary condition. This manifestation of the attribute of immorality to justice is proved by following the rulings from real interests and corruptions, following the ruling from the subject, the rule of repelling possible harm, the rule of good and rational ugliness, and turning evil into good. Of course, the return of justice and the acceptance of the arguments of becoming are conditional on the attainment of true repentance by the claimant of repentance. This means that not every claim of repentance can be considered subject to these worldly effects. Rather, one's repentance must be attained by the competent authorities. Therefore, providing solutions for repentance for each of the crimes committed in Venice in general is one of the features of this article.Keywords: repentance, becoming, justice, limit, crime, repentance strategy

Repentance is recognized as one of the most important mechanisms that has a very significant effect on non-prosecution and non-inclusion of the sentence or execution of the sentence in the Criminal Procedure Code of 1392 and the Islamic Penal Code of 1392. The prediction of this very important institution, in line Providing goals for the correction of offenders as well as the punishment of defendants whose remorse has been proven can have significant functions. According to the findings of this study, the legislator, by separating the role of repentance in various crimes in Articles 114 and 115 of the said law, has accepted the effect of repentance on the fall of fines and penalties, but the manner and quality of repentance and repentance and that It is not clear which of the judicial authorities, whether the prosecutor's office or the court, has jurisdiction to hear repentance. Because it seems to be far from the requirements of this institution and the approach of the legislator, even in general, but the acceptance of this divergence is not practical. The issues that can be proposed and align the judicial approach with the basic jurisprudential demands of the legislator.

True repentance is rebirth. The great change in the soul of the repentant person causes him to wisely and unhesitatingly accept responsibility for his mistake and seek to correct the past and prepare for the future. The action of the criminal legislature to limit the influence of the institution of repentance in the partial fall of the government's punitive punishments and the inability of the judiciary to issue a moratorium on prosecution is contrary to the rationality and spirituality hidden in Islamic criminal policy and the judiciary being a judge. The organization of the judicial cycle of the Islamic Republic of Iran on the criminal policy of Islamic punishment requires the reliance of the penitentiary on the criminal response to the act of punishment. Therefore, it is appropriate for the divine institution of repentance in criminal law to be the muscat of punishment for all punitive crimes of the government by all judicial authorities. Avoiding criminalism and paying attention to moral values ​​and social interests in the legislative stage and preventing procrastination and increasing the volume of cases in the executive dimension, are among the goals of the author to take this position.

According to the famous well-known imamayeh jurists’ fatwa, the punishment of a murtad fitri (implies to a person has apostated from the faith in which he was born) is capital punishment meanwhile calling for the repentance by the Ḥākim al-Sharʿ (Arabic: حاکم الشرع) is not authorized. The most proof is the Islamic traditions which have prohibited calling for the repentance. From the other side, they have established agreement between non-permissibility of calling for repentance and non-acceptance of repentance. Therefore, the apostate (Arabic: مرتد) who repents is not accepted his repentance. Based on the findings of this research which has been adopted in the descriptive-analytic method, basically hadiths which imply to the prohibition of calling for the repentance of the apostate do not mention forbidding but they have issued in the situation of the belief of the obligation, therefore, they present the authorization or at least indicate unclear (mujmal) and this results the ambiguity of hukm (legal ruling). By the way, non-acceptance of repentance depends on the duration -permanence and continuity- of the title “murtad” (the apostate) while istishab (Arabic: استصحاب) the presumption of continuity) of capital punishment decision which is related to period of the apostasy faces with usuli (means usul fiqh) deliberation like the change of subject (mawdu`). Therefore, it seems that there is no obstacle to be requested the apostate to repent by Ḥākim al-Shar and if he is not named “murtad” (the apostate) following capital punishment will be thought.

The study of the issue of justice in jurisprudence is of great importance; Because everywhere in jurisprudence, from worship and politics to judicial issues and the like, we find rulings that are tied to human justice. Justice must be observed in all aspects of human life. Justice is proved by the good appearance of individuals, the prevalence and martyrdom of the two just. And justice by committing a sin (how great, such as polytheism, adultery, sodomy, apostasy, etc. The criterion of being a great sin is that in the narrations and verses the promise of punishment has been promised for it, and what a minor sin). Disappears. Of course, some jurists believe that all sins, even minor ones, are major; Because in all of them, God becomes a sinner. And this theory is strong. (That is, sin, whatever it may be, is God's sin in it, and there is no need to divide the great and the small). There is a difference of opinion among the jurists as to why justice falls against morality; And the correct statement is that against morality, justice will fall. But by repenting again, one's justice is established.

Social developments require updating the legislator's perspective in line with these changes. While not tolerating commission of the crime and always seeking good response to anomalies, the community also cares about correcting the offender for socialization. The study of Islam's criminal resources and the place of repentance in this system indicates the emphasis on reforming man and his leadership to return to society. In this regard, the legislator, in note 2 of Article 278 of the Islamic Penal Code of 1392, has conferred on the Supreme Leader the power to pardon or convert the penalty of convicts to Nata’ziri imprisonments, on the condition of perpetrator’s repentance and expediency. This conferral of authority to the Supreme Leader is absolute in undesignated Ta'zir, but, in the designated penalties, with regard to their mere divine aspect, it is reflective. On the other hand, although the terms of the Penal Code refer to "expediency" or "religious designated Ta'zir", no attempt has been made by the legislator to clarify these terms. The achievement of the present article indicates that while expediency is justified in tolerance towards convicts, the legislator has not been able to clearly explain the matter without contradicting legal regulations ...

Repentance is one of the institutions that is very effective in the crimes of Hagho Allahi. In some crimes, this institution, although it may reduce the burden of sin and the punishment of the Hereafter, But it does not abolish Hadd. One of these crimes is adultery, which is one of the crimes against spiritual personality and physical integrity. This crime causes serious harm to the women of the society in such a way that the victim is directly harmed by this crime and indirectly harms the society. This is the reason why this crime, contrary to the prevailing opinion (and the opinion of the legislator in Article 114 of the Penal Code), should be considered as crimes of human rights and therefore repentance should not be considered acceptable in it; The reasons for this can also be obtained, first of all, by the analogy (priority analogy) of the crime of Qazf, in which the execution or non-execution of the Hadd was violated, because he was directly severely injured mentally and physically in this violation. Therefore, the victim must decide on the punishment or non-punishment of the aggressor, that is, he can request the execution of the Hadd or pardon him. Thus, the forgiveness of the victim is a necessary condition for the fall of rape (murder). The second reason for the inhumanity of the crime of rape can be proved by paying attention to the application of narrations in which the transgressor does not repent and the opinion of some contemporary jurists confirms it.

The majority of Shiʿite scholars believe to the conditionality of repentance after confession to the Imam's authorization to perform hadd or forgive it. However, Ayatollah Khoei's opinion is contrary to the Majority’s view and he perceives the unconditionality of repentance after confession to the Imam authorization to perform Hadd or forgive it. Famouse jurists’reasons in this regard are consensus and some narrations that the survey of narrations shows that in addition to the weak document of some of them, some of them and some cannot prove the claim and even in some narrations there is no discussion about the conditionality of repentance.  Consensus is also questionable, despite opposite view on the issue. On the other hand, for opposite view, there is no reason or document other than the absolute and non-restriction of the reasons. hence, finally, by examining the reasons of the parties, it seems that the view of unconditionality of repentance is more correct according to Talha's narration, and This agrees with the reasons of caution.

Repentance is one of the legal instruments for the retribution or the waiver of punishment and one of the establishments of Islamic jurisprudence. The Qur'an has encouraged the people in many verses to repent and it has equalized the repentant people with the purified ones. The Quran says: “Indeed, Allah loves those who repentant and those who purify themselves”. Also, in the traditions issued by the infallible Imams (AS) the repentance and its effects are highly recommended. The repentance is the activity of reviewing one's activities and feeling contrition or regret for past wrong deeds and attempting to correct the action, and it will be accepted if it is done according to the proper conditions. The main objective of this research is to examine the status of repentance in waiving the punishment for the crimes against national security focusing on the punishment of the allegiance breaker from the jurisprudential and legal point of view. The research uses the library research tool and descriptive-analytical method. Anyway, in the jurisprudence and the Islamic Penal Code the repentance for the waiver of punishment is a means of reducing or exempting punishment and it is subject to the fulfillment of the conditions and it can never be a means of escaping the offender from the clutches of justice.

Children Criminal Rights seeks tocreate the necessary limitation for the fightagainst juvenile delinquency in order to achieve the corrent methods tomodify and treat the perpetrators under the age of 18.Accordingly, thereaction of the community to the crimes of childrenand adolescents shouldbe proportional tothese goals, which are clearly notablein the formulationofpunishments in Islamic Penal Code.According to this law, Hududisexecutable for children andadolescents, but it does not meanneglect of thepersonality and ageof the offenders. The findings of this article with thepurpose ofexamining the manner of issuance and enforcement of Hudud,indicatethat a review of the age ofcriminalresponsibility of children andadolescents based on existing jurisprudential sources is possible andrecommended, but in the current legal situation, on the one hand, features ofHudud such as criminal policy of ignoring crime, the difficulty of proving,the need to pay attention to the rule of dar, the process of rule of the Jeb andthe powers of governor in issuance and enforcement of Hudud and the lightrole of the plaintiff in the pursuit of these offenses; indicated that examplesof the implementation of Hudud were unique and, on the other hand, theverdict on those matters in according to the strict letter of the law, dependson the proof of growth and understanding of the nature and dignity of the actby the offense committed.Therefore, there is no conflict between thepunishment of persons under 18 years and the purposes of the new criminallaw.

The majority of jurists regard "the  rule of avoidance of punishment (darā’)" as being applicable to the dubieties concerning the object, while the rule is absolute and can include the dubieties concerning the precept as well. The dubiety in criminal law is sometimes in the legal element, and sometimes in the spiritual element, and sometimes in the material element, the inclusion of the rule in these cases is also accepted. Another dubiety is raised in jurisprudence, and it is a dubiety in repentance that, if there is a dubiety about repentance, the punishment will be removed. It seems that the dubiety in the implementation stage has been effective and causes the execution of the sentence to be stopped; that is, in the absence of a process of social justice, the execution of the judgment of the place is uncertain; therefore, along with the dubieties of the object and the precept, dubieties of error and reluctance, those of the judge and the accused, and those of repentance and execution of the sentence – which are new considerations in the rule of repelling - should be taken into consideration.

Repentance is one of the causes of the fall of public punishment, and the legislator, in accordance with Imamia jurisprudence, has introduced the Penal Code of the Islamic Penal Code of 1392 into account. Therefore, if the perpetrator repents before a final verdict is issued, now, in the case of limits other than the Qazf; the repentance will result in the punishment being brought to an end with the fulfillment of the prescribed conditions. But in other areas (except for moharebeh), if the accused repent before the crime is proved, then Muscat is the maximum in addition to the other conditions, and in the moharebeh of this stage, you must be before arrest or domination. Also, in accordance with the second part of Article the head of the judiciary from the supreme leader. This article is of the theoretical type and is used for analytical, descriptive and comparative analysis of the laws with Imamieh jurisprudence.

Repentance is one of the most important issues among the Qur'anic sciences and Islamic law, and it is based on a generous and humane look at human beings. In the Penal Penal Code of Islam, repentance is one of the factors of the fall, amnesty and reduction of punitive damages, except for the Qazf. According to the principle of free will, man is responsible for what he is doing. The author analyzes this issue through a descriptive-analytical research based on library studies. The findings suggest that the new lawmaker's approach to the Islamic punishment law of 92 in the original Islamic law introduces this valuable concept to the Iranian criminal system in a regular manner, and the Shari'a view reflects the practical role of repentance in the improvement, rehabilitation and spiritual practice of the perpetrator, and the criminal system Islam, with the prediction of the body of repentance as one of the causes of the fall of punishment, has been instrumental in identifying the purpose of the criminal system.