I am neither a legal expert, nor a judge, nor a specialist in Islamic jurisprudence. Rather, in this short note, I am trying to share my interpretation of the guidelines for repentance (the statement of the head of the judiciary of the Islamic Republic in July 1403) with you; although, due to lack of necessary expertise and entering into this discussion, I apologize in advance to you, esteemed readers.

One of the questions that has preoccupied the minds of many human rights activists is the question of whether the “guidelines for repentance” and the recommendation to defendants and convicts in court to express remorse for their criminal act in order to be released from the prescribed punishment – as mentioned in the law – has any relation to the freedoms stated in the Declaration of Human Rights and whether seeking forgiveness under the conditions mentioned in these guidelines is contrary to the principle of human freedom.

First:
The discussion of repentance in the matter of judgment, or specifically in Islamic penal law, is not a new topic, but rather has a long history. In the teachings of the Quran, both theoretical and practical ethics, as well as narrations and traditions from the Shia Imams and the jurisprudential tradition of Shia have extensively addressed this topic. Therefore, delving into the historical dimensions and roots of this Islamic tradition requires sufficient research in the field of religious studies, which is not the focus of this note. However, it can be said that repentance is a means of preparing for forgiveness. Although the term “repentance” does not exist in human rights documents, these documents do mention the concept of pardoning criminals. One of the points mentioned in international documents on the rights of prisoners is “rehabilitation and reform of criminals,” which is referred to as repentance in religious literature.

Second:Human rights research and the relationship between it and what is being implemented in the Iranian judicial system as a method for repentance is one of the most complex and slippery tasks. It should also be noted that in the implemented method, references to serious crimes are generally similar to crimes that in today’s world have much lighter punishments. However, the reality is that the prescribed punishments for these crimes are more related to interpretations of religion that are either incorrect and influenced by other social laws and traditions, or there is room for discussion and criticism in implementing them in today’s world, and the opinions of jurists regarding the principle or method of implementing them are diverse and varied.

On the other hand, what is hidden in the interpretation and Western perspective in the philosophy of the “Universal Declaration of Human Rights” or the “International Covenant on Civil and Political Rights” is a kind of liberation of societies from traditional biological restrictions and liberation from the domination of religious and ideological views. This goes against the fundamental philosophy and mission of religious

Third.In the discussion of repentance or pardon or reform and rehabilitation of criminals, Article 114 of the Islamic Penal Code, which its executive regulations were recently announced by the head of the judiciary – in July 2024 – states: “In crimes that carry a punishment, except for qazf (accusation of adultery or sodomy against someone) and moharebeh (enmity against God), if the accused repents before the crime is proven and their remorse and reform is confirmed by the judge, the punishment will be dropped. Also, if the above-mentioned crimes, except for qazf, are proven through confession, even after the crime is proven, the court can request the pardon of the criminal from the leader’s position by the head of the judiciary.” As it can be seen, the language used in the mentioned law and the recent executive regulations, although filled with legal terms and concepts, implies forgiveness and finding ways to save some criminals from harsh punishments such as execution

Fourth.Although the discussion of repentance or reforming those who commit crimes punishable by Islamic law and the reform of the repentance verification procedure, which was compiled and promulgated for the implementation of articles 114 to 119 of the 2013 Islamic Penal Code, may have a title and heading derived from religious texts and Islamic jurisprudence, it may impose a certain concept on the minds of audiences from the perspective of other cultures and human rights. However, overall, it can be seen as an effort to standardize the application of leniency in those types of punishments and sentences in which religion, the implementation of Sharia, or the command of God – with a specific interpretation – are involved, rather than addressing a crime or offense with a private complainant. If this procedure is viewed from this perspective, it can even be seen as an attempt to find a way to escape from the harsh punishments, especially for crimes such as drinking alcohol, adultery, homosexuality, and the like. These crimes are

Fifth:In studying the contents of the code of conduct, we see articles and clauses that have been written solely from an ideological perspective, as if the legislator has written and approved it with the votes of criminals and offenders who follow the religion of Islam and are Muslims, and the application of these discounts and pardons does not apply to non-believers, non-Muslims, or even Muslims who are not committed to religious obligations and duties, or even religious people who do not take the observance of some religious obligations seriously.

For example, in Article 1 of the code of conduct, repentance is described as a spiritual state that involves a person’s attention and return to God. It is clear that despite such a definition, the implementation of the provisions of the mentioned code of conduct does not have any practical application in secular societies and for secular individuals, and is only meaningful for believers. Also, in Article 5 of the mentioned code of conduct, the judicial authority is obliged to “pay attention to

Sixth.

Despite the fact that the mentioned guidelines are based on a legal system rooted in traditional jurisprudence and may not be fully compatible with some principles of human rights – according to Western interpretation – such as the obligation of the accused or criminal to be a Muslim, or the practical obligation to perform religious duties, or even parts of these guidelines being considered as “investigation of beliefs” or forcing individuals to perform outward religious duties and pretend to have religious beliefs, and consequently conflicting with the principle of freedom of religion, when we look at the issue with a broad, deep and long-term perspective, we find that this flexible approach towards strict implementation and enforcement of certain limits is a step forward. In the short term, it will prevent bloodshed and the implementation of limits or imprisonment of many people who have been negligent or have slipped, and it will spare many families from suffering and the pain of separation. In the long term, it can pave the way for social reforms, the promotion of individual rights and human