Jurisprudential and legal bases of mediation and its effect on the structure of restorative justice and criminal justice

ccording to many proponents of restorative justice, mediation is the oldest and most effective method used today in many parts of the world and is different from other methods. In a sense, mediation can be considered the cornerstone and foundation of restorative justice. And in a desirable human society, to resolve conflicts and disputes as well as to respond to violations of norms, the use of non-judicial tools such as ethics and custom is more compatible with human dignity and appealing to them is a priority. Mediation between litigants) in legal litigation and criminal litigation have the aspect of copyright (and mediation between judge and criminal - or intercession) in criminal matters (two non-judicial solutions to settle litigation, as well as modern societies). They realize the importance of this resource and use it as a tool to resolve conflicts. The Islamic Criminal Law System, with its basic criminal policy principles, is considered as one of the advanced legal systems against criminal phenomenon and the way to respond to it. Therefore, the main issue under discussion is what is the position of the new discourse of restorative justice in the criminal law of Islamic jurisprudence, on how to respond to the consequences of crime? The main motive of this research is to open a new page. Regarding the applied structure, the theory of restorative justice in Islamic jurisprudence is based on studies conducted in authoritative jurisprudential sources and analytical descriptive methods. Finally, it should be added that the study of the principles and executive structure of a set of restorative jurisprudential institutions and rules Explaining the position of the theory of restorative justice in Islamic criminal jurisprudence is one of the most important notes Edges of this research are considered.