توبه و سقوط مجازاتها

Repentance and the Cancellation of Penalties

Although repentance (tawba) is among the fundamentals of Islamic criminal Law, which is considered for correction of criminals and offenders and even in some cases it elicits cancellation (amnesty) of the penalty, it is rarely observed to be employed for cancellation of penalty in courts and by judges. While examining the issue of tawba and stating the legal proofs in this respect, in the present article, we have dealt with the quality and the importance of using it in the cancellation of punishment of criminals and concluded that if due attention is paid to the criminalsʹ repentance (of course, in respect to the verses and traditions available on this issue), it will be noticed that many criminals would enjoy this privilege and the society would also witness a reduction in the number of prisoners and the execution of penalty for the offenders and their correction. We have further concluded that the current excuses concerning tawba are to be eliminated and that it should be accepted by mere verbal declaration, since there is no precondition for tawba except for its persistence. In the meantime, it is suggested that, in case of achievement of tawba and the cancellation of penalty, the bad record to be removed from the criminalʹs punitive register. It is also proposed that a center by the name of "Repentance Institution" to be established in the judicial system.