The Role of Repentance in Punishments of “Hadd” and”Tazir”

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Abstract

Foundation of repentance following Islamic resources is an impressive suggestion in the Islamic Penal code (1392). However its regulations are inconsistent with Islamic rules and legal principles in some cases. Legislator’s innovation to categorize crimes according to severity of punishment and acceptance of repentance only in minor offences lacks sufficient valid bases and causes confusion in legal principles. Fixing the numerous troubles in current regulations of repentance in Tazir crimes is only possible by limiting those regulations to Tazir crimes not present in Islamic resources (inhibitory punishments-Tazirat e Hokumati) and excluding offenses specified in shari’a (Tazirat e Shar’ee).

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