Proportionality, Legislative Theology, and Procedure in Repentance from Rape in Iranian, Turkish, and Egyptian Laws

Document Type : Original Article

Authors

1 Department of Criminal Law and Criminology, Qom Branch, Islamic Azad University, Qom, Iran

2 Department of Criminal Law and Criminology, Mofid University of Qom, Qom, Iran

Abstract

Repentance as one of the merciful institutions in Islamic criminal law can have the function of impunity in customary criminal law. Recognition of this Islamic establishment in the criminal law of the subject causes the penal system on the one hand to have a justifiable case for cases in which the offender has repented and his correction is proven to fall punishment or grant a reduction of punishment and on the other hand according to Criteria of repentance, the limits and limits of which determine the legislative policy in order to reduce the punishment to be safe from adopting fragmented and discretionary approaches. Findings arising from the issues mentioned in this study indicate that the legislator in the application of legal changes in sexual crimes has to some extent distanced itself from the principles and foundations of jurisprudence and these changes are often affected by the requirements of time and place, prohibition from religion. And have been human rights considerations. Our claim is that the legislator in drafting some regulations regarding these crimes not only did not follow the opinion of the famous jurists, but also attempted to criminalize and consider the most severe punishment (execution) for some behaviors that have no jurisprudential background and It also had no validity. Therefore, it can be said that the developments in some cases are not in line with the principles of criminology and have not been done on the basis of principles and principles.

Keywords

Political Sociology of Iran
Volume 5, Issue 10
December 2022
Pages 1333-1348

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