نوع مقاله : مقاله پژوهشی
نویسنده
استادیار، گروه حقوق، دانشکده علوم انسانی و اجتماعی، دانشگاه کردستان، سنندج، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
It is not predicted or provided difficult conditions for repentance in the Islamic Rules, but by declaring compunction and penitence, doing righteous deed, rendering the rights of the people, and fulfilling necessities, the principle is the correctness of repentance and Almighty God accepts it. Influenced by such rulings, the institution of repentance is provided for in the Islamic Criminal Code of 1392, which was expected to be not very difficult to prove repentance and obtaining in practice, but the case study of court rulings shows otherwise. Based on this, this research uses a descriptive-analytical method and examines the Shari'a rulings on how the perpetrator proves repentance and how it was obtained by the judicial authority by studying the cases of court rulings on a case-by-case basis. In the end, it was concluded that the articles of the Islamic Criminal Code of 1392 regarding repentance have defects and shortcomings, such as ambiguity in the manner of declaration by the perpetrator and the absolute authority of judicial authorities in rejecting or accepting repentance and the jurisprudential authentic sources have not been considered in this regard. Also, the review and analysis of court rulings showed that in practice there is no proper understanding of the Shari'a rules of repentance on how to achieve it, and there are conflicting tastes which practically lead to contradictory and unfair judgments.
کلیدواژهها [English]
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