Associate Professor in the Law Faculty of Shiraz University
Abstract
Proceedings and settlement of claims arising from criminal offences, usually come within the jurisdiction of judicial authorities. Judgement removing, termination of proceedings and settlement of the aforementioned claims are considered from the process of official criminal measures. The aforementioned settlement may be applied through various methods in different legal systems.
This article deals with certain criminal policies of Islam and the tendency of Islamic law-maker towards judgement removing. After explaining the concept of judgement removing and the subject of victim and judgement removing, it examines some of non-criminal methods of Islamic criminal law concerning non-criminal settlement of penal actions, such as “right of reconciliation” and “right of compromise” as well as persuasive policies of the law-maker towards their application.
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