Study repentance in the of Imam Jurisprudence and Iran Law through looking the Islamic Criminal Law 2014

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1 International Research Journal of Applied and Basic Sciences 2015 Available online at ISSN X / Vol, 9 (2): Science Explorer Publications Study repentance in the of Imam Jurisprudence and Iran Law through looking the Islamic Criminal Law 2014 Samane Sarhadi, *Amirhamze salarzaei Department of law, Science and Research Branch, Islamic Azad University, Sistan and Baluchestan, Zahedan, Iran *Corresponding Author samaneh5266@yahoo.com ABSTRACT: Repentance is important topics of Islamic teachings; as well, repentance in the Islamic criminal law is one of the cases considered to remove punishment. Repentance refers to Tob; it means return and back and in the term means regret of the sins of the past and the decision on the leave due to religious offense. Reflecting on the verses and traditions to the repentance deduce that repentance is a statement of remorse and regret that it follows a confession and apologize and prevent criminal acts and return to be guilty. Therefore, the three elements of repentance and regret, confess, apologize, and lack of return on sins is in the concept of repentance. How is approach of the legislature in relation to the Islamic Penal Code Act of repentance in 2014? Since, legislatures taking into account the criteria and juridical perspective accepted the impact of repentance to remove punishment or discount or in some of the crimes. Therefore, we conclude that one of the factors considered penalty fall. Nevertheless, in today's times, a large portion of the commitment in humans is low; sacred institution of repentance is on abuse, therefore, it is essential that judges consider repentance to remove punishment generally, not thematic. In addition, they have more attention to the attainment of it. A new law on crimes lead penance except cursing and fight, if the defendant does repent before the proof, penance can be removed too much of him. If the crime proved by the confession even after proof of the offense, the defendant repents, the Court can requests his pardon demand by the President of the Supreme jurisdiction. As well as additional offences in grade 6 7 8, legislator repentance is accepted commits Key words: repentance, forgiveness, fall of the punishment, Imam Jurisprudence, the Islamic penal law INTRODUCTION In all human societies for various offences doers, different penalties according to the type and extent of this crime have been set. On the other under certain circumstances to punish criminals separated discounts and even sometimes has removed the punishment. Therefore, legislators due to political considerations or forgiveness of plaintiff or the benefit of the social system do not implement the penalty. The idea of lack of penalties has a significant role in the treatment of criminal and it admitted to life again, because the offender in terms of status and social anomalies may actually commit crimes after it, he regret and repent from it. In the meantime, jurists examined repentance through reviving, and inspired the verses and traditions. Then, in the actual repent f perpetrator and regret according to verses and traditions remain in these areas will be exempt from punishment. On this basis, in the books of juridical and legal alluding to this (repent), they examined from the Penal landscape and its impact on the offenders. However, under certain circumstances also repent is from the cases of punishment removal. Since the discussion of repentance except the ethical aspect can play an important role in the collapse of the criminal punishment, and therefore in this paper has overview of its place in the remove punishment to made it clear. Definitions Repent Repent refers to Tob and it means return and back. Mohaghegh Ardabili said repentance include remorse and determination that is committed not to do such practice due to Sin is frowzy and being banned and obedience to the divine, not otherwise (Moghadas Ardebili 4991:77)

2 Amnesty Shaikh Tusi knew amnesty means and synonymous with the pardon and bounty. The so-called amnesty in criminal law is a legal and administrative institutions decision to stop the investigation the accused with up part or all of penalty and it includes amnesty and private amnesty. Private forgiveness provided by community leader amnesty, and it has limited range than amnesty (Ardebili 4991:261) Punishment Remove The punishment remove is from the effective country's Penal Code titles. That influence punishing offenders and way of doing. These factors contrary to justify the criminal responsibility of a crime which coincides with the occurrence of a crime, or before it are factors usually happen after the occurrence of a crime as repentance of accused. (Ardabili 4991: 261) Repent from the law perspective since, repent is from concepts of the Islamic jurisprudence field enter law, so lawyers merely matching the words with the criminal justice system and in definition of the word influenced by jurists. In one of the dictionaries of law, repentance means regret from sin (Jafar langroodi 4911: 210) Abdelkader Ode also explained repent as regret and determination of leave the past (Ode 4911: 99) As the above definitions, one can observe the use of phrases such as sin and disobedience of God represents the influence of law from Islamic jurisprudence in definition of repentance that perhaps such a phrase is not in this way in law. Therefore, a group of lawyers considered the above forms of matter. They wanted to provide a legal definition of repentance, which had expressed repent as regret, lack of return to the crime and the offender refrain from repeating them (Validi 4991:99). In other definition, it states repentance is the return of the criminal acts and regret of the past and trying to do the right actions and never repeat past crimes (Shiri 4991: 58). Repentance from the perspective of Imam Jurisprudence Reflecting on the verses and traditions in repentance inferred that repentance is a confession and remorse that follows apologize and prevents the return of criminal acts to sins. Therefore, the three elements of remorse and regret confess and apologizing and never returns on sins are in the concept of repentance (Marashi 4991: 109) Repentance Truth Sinful human when become aware of guilty and sins and he saw space between him and the popular creator and beloved. He regrets and remorse and this fire of regret capture his existence and life. This is a revolution, and change in him. All the roots of sin and guilt burned by the fire and it clean self and quiet institution and heart become full of love to beloved and creator as God said in 70 verse of Forghan in Koran. In many tales of remorse and regret of committing the sin and crime consider as repentance and true remorse and regret, that prevents the return of the person to criminal acts and sin. In fact, true repentance remorse and regret in particular prevents repetition of the acts. Messenger of Allah peace be upon said regret and remorse means repentance (Majlesi 1977: 159) and Amir al-mo'menin (PBUH) says somewhere the regret is of repentance (Nori-Tabarsi 4911: 346). As well as Imam Baqer PBUH is sufficient remorse for repentance (Majlesi 4911: 20) and there are other themes in this vast narratives. However, in the case of not return to sin and crime that is result of true repentance and remorse. Imam Ali said regret to sin preventing return as well as the confession also is repent and confess to sin leads to forgiveness (Nuri Tabarsi 1984: 346). God in verse 102 Sura Tube said those confessing their sins truthfully, righteous action did, and left Sin, God will forgive them. In addition, Imam Ali PBUH said someone who admits to guilt and confession had repent (Nuri Tabarsi 1986: 345). Imam Baqer (PBUH) says the effect of repentance is punishment removal and remove their bad effects provided that to confess to it (Majlesi 1977: 37). In the other place Imam Baqer PBUH; (Hor Ameli : ) said God wants two character and features of the people God 1. Confess to God blessing, to increase them 2. By confession of sins, God forgives them. Here might be that this question of the confession is in front of the judge or Imam and jurists that is positive or no? In response, it must be said no, the purpose of confession and admit in front of Lord is the apology, as Amir al-mo'menin(pbuh) said (Nuri Tabarsi 1986: 346) 230

3 Statement of the Khwaja Abdullah Ansari is significant in Kashf Al-asrar. The repent truth is that appear at the heart, pain comes from within the chest. There was shame in heart. Water cascades down the eyes. Not that if one side of a branch fires, on the other side the water will drop down. Mustafa Peace is upon him, said everyone commit a sin, he regret so has to repent. Fazil Ayaz was known to banditry and consistently with a hundred men in ambush of wars. A night, he was praying in stone. Suddenly came from the unseen den that you do not know that God sees you. This captured Fazil so he shouted in pray. Moreover, he became great person (Ansari 1982: 97). Therefore, the burning spirit of repentance is same inner revolution and remorse pain. The elements and conditions of repentance In the verses and traditions enumerated elements to repentance. Some are inner and related to the person and some exterior relating to a person's heart, repentance and remorse, ask forgiveness and the decision on nonreturn and have the action with the members and therefore, competent operation and pay people's rights as well as the exterior element. Allah says everyone will repent after the oppression and corrected so the Lord returns to him (Al-ma'ida 39). As well as the Great Lord in verse 54 Anaam says someone who do wrong on ignorance then repent and be corrected so that God is forgiving and merciful by virtue of known correctness after repentance as divine forgiveness. It also includes another verse of the divine forgiveness as those that repent, believe, and do righteous action (Taha 82) In the field of narratives from the Prophet peace be upon him and imams pious said clear expression of the elements and conditions of repentance and recounted it implies. The Prophet said, peace be upon him, repentance person should reveal repent effect that otherwise not be repentance person. It includes: Making the enemy and those who are the conflicts and strife satisfied with it Perform undone prayers Humility between people Stay away from lust Fasting It seems that four cases mentioned in the Hadith are noble acts and a prelude to the reform act is accept conditions repeatedly and verses consider its authenticity. As well as Amir, al-mo'menin Hazrat Ali (PBUH) stated in wise says there are four steps to repent include heart repentance; ask forgiveness, with parts of the body and the lack of determination on the back. Imam Ali (PBUH) specified in this noble words, elements and conditions of repentance that the inner and outer components previously mentioned. In other great narratives (Marashi 1996: 11) instead of perform the action used phrase leave act to take that away from lust and taboos and forbid and everything will be back to that sin. In another narrative is also Amir al-mo'menin Hazrat Ali PBUH said that asking forgiveness is from the nobility and it has 6 stages. Regret on the past The decision not to return to habitual sins Pay people rights Do your duties and task left Remove meat of the guilt with grief, so that the skins stick to bone and meat grow in between them once again they taste sweet and the false sweetness of sin, as well taste hard stress to obeying God. This time person can ask forgiveness (Majlesi 1977 : 32). The above six items are true repentance condition. It penetrates to the depth of the foundations and the spirit of guilty and criminal. He becomes healthy, clean, and decent human being and a true community servant and its effect reveals in the outer appearance. It is also obvious to everyone, and the transformation of the inward only owes repentance reviver of this Islam school. As in the above text from repented elements are to give people rights by repentance person. In this context, in addition to the above, other verses and narratives traditions also rely on this point and they insist on it. Qur'an verse said if you regret, main property is for yours as well as Abi Jafar quoted that great person from Nakhe tribe visit him, such as the great nkha and he said I have been Governor from Hojaj time so far. Do I have a way of repentance? Abi Jafar became silent. Other times, he repeated the question. He said no, unless give back the rights of people. fiz Kashani in the book mhajah Albiza stated about components and terms of repentance that repent has four condition. Imam Ali (PBUH) said that return the rights of people that unjustly spoil whether soul or financial issues to them (Marashi 1996: 329) Imam Ali (PBUH) said perform duties that he has left 231

4 Imam Ali (PBUH) commanded by the austerity and the anguish and taste pain and hardness, they remove sin effects According t quote Imam Ali (PBUH) with the consent and unfortunate and grief should you eliminate the body all meat to grow new meat in body (Marashi 1996: 114) Range of repentance influence Main attention of jurist is influencing range of repentance in relation to the amount of the penalty removal about penance and under the heading of proof of repentance before proof and repentance after the proof. In the case of means of proof named evidences and confession. The following is an explanation of each of the aforementioned cases. Repentance before crime proof Most of jurisprudents in relation to repent before proof claimed repent before stating the reasons and this will cause the penalty removal. Their documentary is views of the Qur'an verses and narrations and consensus (Mousavi Khomeini 1984: 887). Issue in this position is that if the offender after stating the reasons claims that he repent before the testimony of the witnesses, whether claim will be accepted and will remove punishment. The late Fazel Indian believed that if the offender repents before the extent of her testimony by the witnesses, punishment will remove, and this is so, if he claims repentance before the testimony (Mousavi Bojnourdi 2007.: 8). Other order about repentance is prior to the confession of his works that most jurists did not mention it. Only their statements regarding repentance before the proof referred to some of the crimes. Perhaps this is relevant because when repentance before testify makes punishment removal, whenever crime proved by perpetrator confess unto the judge and he does repentance before his confession, this will remove punishment. In addition to the confession of guilt, even leading to the disclosure of his sin and others will know. Therefore, if a guilty person repents for God, other world punishment of sin removes. The Lord accepts repentance of people. Worldly punishment of offenders will remove too because no one became aware on the crime and sin. This issue confirms by the narrative of the Prophet that there is nothing worse than that person will do some sins and with public confession made bad name. Why do not repent at home between yourself and God that such repentance is higher than penance made by Prophet (Mofid 1990: 777) Repentance after crime proof These two juridical texts suggest repentance after proof, in the two contexts of repentance after confession and repentance after stating the reasons. Repentance after the confession is in hand of the Imam in amnesty and punishes the offender. Even some of contemporary jurists claimed the consensus on this issue and they insisted there is no conflict on the theory (Mohghegh Heli 1983: 935). However, such consensus is not possible because the owner of the Al-seraer believes that if the punishment of the offender obvious type and offender repent after confession, punishment removal is certain (Ibn Idris 1970: 478). Of course, there is a fundamental difference between this repentance and repentance before the proof. It is about repentance before proof, penance remove by repentance. Removal of punishment is a direct effect of repentance. The judge could not punish in the event of true repentance. However, in the case of repentance is not case with admit. Repentance only leads amnesty by the judge that judge can have amnesty or punishment for offender. Famous of jurisprudents about repentance after the state of the reasons also does not remove punishment. Their perspective is the basis of several narratives that quoted in this regard. Repentance in the penance related crime Penance is about the limit means the distance, buffer, distinguishes between objects, and finally forbids anything that the guards called penance person that prevent prisoner escape. Penance is religious punishment term and it is obvious and determined. In the book or tradition, it is base on judge decree on sinful and guilty person in perpetrating some of specific sins. Then the ruling and Imam do not exceed its right (Fazel Meghdad 1974: 338). On the Javaher and Masalek about penance said that penance means is prohibited and literature. It is a way to ban and prevent people from the practice of sin and religiously specific punishment that belongs to the body. It is due perpetrator practice to the specific amount that specified by jurists, it is in a variety. So whatever the punishment of its value has been determined and is called the penance (Najafi 1974: 254) According to Islamic Penal Code of Iran to penance is punishment that the type, the amount and the quality of it determined in the religion law. Penance crimes in total include adultery, sodomy, cursing, drunk, stealing, revolt, manslaughter, apostasy, and prostitute. Of course, being a penance on some of the crimes mentioned, there 232

5 are differences of opinion between the religion jurists. Now, consider the above review two general rules about repentance as follows. The two general rules about penances in relationship with repentance There are two general rules about penances in relationship with repentance. First one is Quashed penance by repentance before adduced reasons, second, Imam and the governing authority in the implementation of the penance or forgiveness by repentance after confession that are under review in following. Quashed penance by repentance before adduced reasons Every part of penance of the expression in front of religious judge and before expressing reasons by the advent of the repentance of the sinner and criminal cleaned and so they will not be executed (feyz 1994: 217). Imam and the governing authority in the implementation of the penance or forgiveness by repentance after confession If the penance proved by confession and sinners or guilty person repents afterwards. Imam and governing authority have right about the implementation rule or forgiveness (feyz 1994: 217). Some Shi'a scholars don t accept repent of sins after confess to some extent, including wine drinking and stealing and say Imam has no right to forgive so implementation of penance is necessary. (Ibn Idris 1970:456) Repent of crime leading to death The literally meaning of retaliation is any type of following and conforming - having spite as killing the killer- punishment - punishment - retribution - compensation - Reprise (Jafari Langroodi 1984: 2919). The retaliation means retribution and demanding physical crime of intentional murder, mutilation and intentional injury to the victim. That is, the effect of crime on victim implements identically to achieve same effect on offender (Imani 2003: 371). Retribution for the intention crimes of murder called life Retribution and Retribution for mutilation crime and injury also called to members Retribution. Qur'an says about retaliation and other issues that the people who believe about dead person the right is prescribed, free instead of free and slave servant instead slave and changed the woman against woman and anyone else that comes from the religious brother, that is the victim parent, who must follow something that passed over to him and by considering goodness pay off blood money. This verdict is alleviation and a mercy from your Lord, so whosoever doesn t pay attention to it, there is painful doom for him. In addition to the above verses as well as numerous other verses and consensus on emphasize on crash death that Islam take care about human blood so much. One day, prophet passed from dead person and asked who did it? Nobody answers him then he got angry so he said, I swear to God whose soul is in power. If the people of heaven and earth are partner in his murder. The fire of God's will give to them (Tabarsi 1986: 20). According to the verses of the Qur an, retribution is fixed right for the victim's family, property rights and people right. Repentance in people right, eliminate the haze and darkness that is created in ego and people's right not to be fallen and crime leads to retribution submission ego to the parents whether they ask to the retribution or forgiveness and thus by repentance and retribution of done acting the darkness is cleaned from ego and will save from next world, and obstacles be removed from the path of human evolution. Repentance is apart category from these basis theory. So the crime which led to the retaliation will not have any effect to crash the penalty. In the adopted new Islamic Penal Code 2014 article 116 expressly refers that repentance for retaliation don t led to retribution or punishment collapse. The repent into crime leads to blood money There is another punishment in the Islamic criminal law which has the financial aspects and also its financial punishment due to crime that has done, criminal person and must pay a certain amount against victim or his parent. The value and its rules specified in the Sharia and (during the penalty that defined article 294, blood money defined: blood money is acts due to crimes against the ego or Member, which given to parents. Act 92 article 448 defined bold of money in the specified amount due unintentionally criminal action to the ego or member or intentionally criminal action into cases, which don t have retribution) The intentional crimes and murder has retribution. However, the parents and the victim can change retribution to less or more blood money and get it from criminal person. However, there is unintentionally criminal action that blood money must pay. For example, in the case of unintentionally murder whether murder is an error or semi-deliberate murder, eventually anyway, goes right to pay blood money. Because it is, the people's right that should be considers. This right cannot be remove by repentance financial but also it is compensation for a crime that made the heart with regret that entered pursuant to clear darkness the human.so the crime resulted in compensation payment, repentance will not crash punishment. The new law enacted in 2014 under Article 116 adopted blood money not excused by repentance. 233

6 Repent in prison and preventing crime The literal meaning of chastising: chastising literally means, revulsion, prohibited and politeness, the original of it is Ozr (Maseod 1993: 1184) The literally meaning of chastising in religious term is unspecified punishment, In the book and Sunnah,Islamic Imam and governing authority identify penance base on type of crime, crime condition. In some of sins, punishment is limited even though that these are people's right to lord right (Almasi 2011: 242) In terms of the majority of Shi'a scholar is punishment that scholar doesn t determine certain amount. In such case, the term is defined as lawyers: corrections or punishment, which is not determined type and amount of it in sharia so governing authority has responsible to identify it including imprisonment and flogging and whipping the criminal cash rate which should be less than the penance (golduziyan 1939:329). Physical punishment of chastising and the offender will be included like a whip and items like a warning, reprimand, exile, imprisonment, confiscation of property, dismissal from the post and that any approach literature summary place the offender and it cause fear of others from crime (Almasi ) Repent in Imam Jurisprudence and criminal law If the offender deserves an offense penalty went to the judge and confess or in another way came to Court and state reasons. What role repentance has? Does it absolutely remove punishment or comment of the governor is criterion and repentance does not have any role. Also, have the same description that expressed in the current punishment removal with repentance. The purpose of the penalty and prevent penalty action to the ruler or the judge is that judge determine the corruption rate in terms of compliance with the age, character, and time and place of the crime and punishment criteria in order to modify and prevent crime and lead politeness. Therefore, if the judge sees the circumstances of the offender regret and he express remorse. He attempts on the compensation of losses resulting from the crime of and judge understand in him a sign of reform and literature, due t repentance exempt from punishment or part of it. Since punish a person for a purpose is not other than education of criminals. If it is the result of guilty with remorse and repentance, there is no longer need to apply punishment. Imam jurisprudence knows repent as penalties removal. Their opinion on a variety of additional crimes and punishment that seems to apply in accordance with the ruler idea, and with all its breadth and scope, when someone commits action that lead to penalty and repent, punishment remove from him. It is intellectual judgment. The purpose of the additional penalty is literature and return to the right way. If this goal occurs through repentance that is, remorse and regret in heart, the implementation of punishment violate real aim. So one of the specifications of additional crimes punishable by Imam Jurisprudence is punishment removal due to repent (Ismaeili 2007: 180) In the book fifth of the Islamic Penal Code 1991, sentence and preventing crimes and punishments prescribed in article However, only in two acts proposed repentance lead removal of additional penalties. One note Article 512, crime related to the people's war and killing each other, which is the subject before the trial stage and before acquiring system. Another example that the legislator expressly claims repentance as removal of additional punishment factor is Article 521 of the Islamic penal law under the same title in the fourth season of preparation and promoting counterfeit coins. Check out such article 512 and 521 determine offender repents in the above-mentioned crimes will be effective before the pursuit of arrests and later than the system arrest. Since, repentance before the arrest shows inner revolution and regret. Therefore, one can trust to his claim, and he can help to discover the main elements. After the arrest, obviously every criminal to escape from punishment want to repent of crime. In the various penalties and additional crimes, governors decree applies to these offences. With all its span and breadth of scope when someone commits action entitled to the offence penalty and he repents, it seems that the original sentence can remove. Its reason is the intellectual judgment. Because the purpose of the additional offence penalty is corrections and offenders return to the right way and this aim obtain by repentance that is same remorse and heart regret. The implementation of punishment in real repent violated aim. Further, repentance in some of the crimes that is maximum section has effect. Therefore, the first way in which leads to lower additional offense penalty, there is possibility to predict the collapse of the foregoing punishments despite repentance before the arrest, and it can obtain related conditions. Legislator's approach to repent in the penance crime of the Islamic Penal Code approved 2014 Legislators in Penal Code approved 2014 to discuss additional offences has pointed out in repentance. According to additional offences article 115 of the law in grades six, seven and eight if perpetrate repented and his repentance and correction for juridical court become clear the punishment removed. In other additional offense crimes, Court may apply the provisions regarding punishment. So the article on the additional offense grade six up if someone does repentance and remorse and this become clear for judge punishment will remove. In these cases, 234

7 there is no difference between repentance before and after it. However, in grade one to five additional offences if the person does not repent punishment finds discount. In addition, note in this article has come repent about those that repeat offenses regulations sentence applied, this regulations are not for them. If the criminal repeats crime, that is, after he committed a crime and punished for it. Once again the same was committed cannot use repentance points. So it must be said that when additional crimes by virtue of repentance cause the discount or penalty removal which is for the first time. If the second time to be high, the relevant provisions of repentance do not apply. For the prevention of abuse, some people who intend to deceive the Court resorted to repent, but their intention is to repeat the same crime, however, legislature: To prevent abuse of people from repentance in the law if, after applying the regulations about the repentance that has committed pretending to repent and punishment fall and discount considered then these cancelled and penalty runs. In this case, if the penalty is committed to a kind of additional offense the maximum penalty to be sentenced. Therefore, the person who repents must repent, amend and his remorse will attain. However, one only claimed, legislature does not depend on it. If it become clear that pretending to repent, discount and penalty removal will be cancel and the penalty runs. CONCLUSION Holy God did not look the penalty as vendetta and it is means of the offender treatment and Education. Removed the penalty of offender is preferable that has seen this alleged revelations and foundations that subject to this issue. Including cases where the penalty remove pointed to the issue of repentance. That is in Shiite and Sunni Islamic books in detail and in the Islamic Penal Code. In the Holy Quran also has a special place of repentance and several verses examined. Nowadays, criminologists believe punishments are not the absolute but also a means for the correction and rehabilitation of a criminal. Islam school predicts this criminal, and under certain circumstances suspends offenders repent, and this is one of the obvious privileges and unique Islamic criminal law. Repentance of the Islamic criminal law as one of the cases of punishment removal and as a legal establishment considered is not in other schools today. On the importance of it, that is one of the best ways to prevent crime and correct offender. In Allah right, if the crime before proving the crime by confession or testimony of witnesses repents, the penalty removes. However, people right, for example, does not cause the removal of a penalty because in addition to ignore the divine orders and banned, caused physical or financial losses or face and must compensate for the others. Noteworthy is that repentance only remove punishment due to sin. Nevertheless, it does not remove the civil liability of sinner for the others. In the Islamic Penal Code approved in 2014, repentance is in generalities and is one of the factors in the removal of the penalty. A new law on crimes leads penance except cursing and fights whenever accused repent before the proof, penalty removed from him. If the crime proved by the confession even after proof of the offense, the Court can demand to repent his pardon by the head of the judiciary of the request to the Supreme Leader. 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