In early July of this year, the head of the judiciary of the Islamic Republic of Iran issued a memorandum on repentance in 9 articles. This memorandum was developed in accordance with the implementation of articles 114 to 119 of the Islamic Penal Code, passed in 2013, and paragraph “c” of article 24 of the Executive Regulations of Prisons Organization. In the first article, this memorandum describes repentance as a “psychological state” that involves “attention and return of a person to God, in a way that the offender becomes aware of their wrongdoing, feels remorse, and is determined to reform their behavior and refrain from it in the future.” According to article 5 of this memorandum, the judicial authority considers factors such as “commitment to performing religious duties, refraining from communication and association with evil individuals, disclosing accomplices and co-conspirators, providing public services or participating in charitable activities, compensating for damages caused by the crime, establishing arrangements for compensation

According to the materials mentioned (articles 1 and 5 of the guidelines), it seems that the main inclination of the guidelines for confession and the goal of its creators is to initially legalize suspects or criminals within the framework of the official discourse of the Islamic Republic system. According to this discourse, the Supreme Leader is considered the leader of the Islamic community who should guide the government and people instead of the Prophet and infallible Imams. The content and purpose of these guidelines are more understandable in this context. It should be emphasized that in this discourse, the scope of the concept of “sin” is more than “crime” in its customary sense. At the same time, the integration of religious institutions and the government, and the dominance of jurisprudence over rights in the Islamic Republic system, leads to the violation of individual and social rights of citizens in many cases. Although this inclination may seem compatible with the apparent and hidden thoughts of the system – that is, the transformation of the individual in

The question, however, is what is the basis of our literary paradigm in the guidelines for repentance and to what extent can it be practically used by the judicial authority.

Sources of Conceptualization of Repentance from a Jurisprudential Perspective.

As the guidelines for repentance are based on articles 114 to 119 of the Islamic Penal Code and are naturally derived from jurisprudential sources, it seems necessary to provide an explanation of our jurisprudential view. It should be noted that the legal and jurisprudential regulations mentioned in the literature of contemporary jurisprudence are products of the pre-modern era and are related to a time when the relationship between government and people had not yet been established. Therefore, there are differences of opinion, meaning that at the time these regulations were formulated, there was no centralized and unified legal and judicial system. There is no doubt that the legal knowledge of the pre-Islamic Arabs – which plays an important role in the contractual provisions of Islamic jurisprudence – was essentially constructed and paid for by the empirical and collective reasoning of the Arab peninsula, which later parts of it – in the form of contractual provisions – were recognized during the post-prophetic period and later referred to by later

The emergence of judges and arbitrators in pre-Islamic Arabia was also a response to the need for the survival of the human community in the Arabian Peninsula, as one of the main duties of legal institutions was to move away from the natural state – through reducing tensions and social conflicts and creating harmony and unity between individuals and tribes. As long as the Prophet of Islam was alive, he was responsible for resolving interpretive disputes among his followers. After his death, those companions who were able to answer the questions of the Arabs using the book, tradition, and personal reasoning took on this responsibility. Although there were many interpretive disagreements among the companions, they were resolved through specific methods. After the first emergence of Islam, direct communication with the first interpreters of religious texts was not possible, so in an effort to fill this gap, a new group called “jurists” was formed to officially represent the law. This group consisted of jurists who were responsible for formulating Islamic jurisprudence, especially

To better understand the concept of repentance within the framework of the legal-religious system and its differences with the customary or secular legal system, they can be examined in five dimensions: “ontology”, “epistemology”, “human nature”, “methodology”, and “social structure” (in this case, the independence of the judiciary from the government). This is because every legal theory, whether explicit or implicit, is linked to a series of philosophical preconceptions about existence, epistemology, anthropology, methodology, and social structure (in this case, the relationship between religion and state).

Legal-Religious Systems (from an ontological perspective) are based on the belief that the world – which exists independently from humans and in a tangible form – is created by God and laws should also be based on divine commandments and instructions. In this regard, what is known as divine command and religious law is the main focus in the formulation of laws and regulations. However, in the secular legal system, which is impartial towards theological beliefs – such as the existence of a higher world or God – the world is perceived as observable and understandable through scientific and rational methods. In this understanding, the laws and judicial decisions are based on social and scientific experiences and observations. The source of knowledge in the religious-legal system is religious texts (Quran, Sunnah, and consensus). Religious laws are considered fixed and unchangeable, except in special circumstances where scholars can interpret them differently. However, in the secular legal system, knowledge and laws are derived through experience, rationality, scientific methods,

The concept of repentance in the Quran.

The concept of repentance mentioned in the guidelines is apparently derived from the text of the Quran. In Islamic religious literature, especially the Quran, the term repentance means the return of an individual to God and the right path, seeking forgiveness and regret for sins. However, the absolute word “repentance” comes from the root “t and b” which generally means to return. The concept of repentance or absolute return is a figurative term and has been used in religious, ethical, mystical and jurisprudential fields, and has various meanings according to the mentioned fields. Therefore, repentance in religious, ethical, mystical and jurisprudential literature, despite overlapping, has various meanings. Also, this word and its derivatives are both linguistic and spiritual and can have various connotations. The word repentance, in addition to being the name of the ninth chapter of the Quran – Surah Tawbah or Bara’ah or Fadhilah – is mentioned about

The concept of repentance in the judicial system of the Islamic Republic.

“And”

Comparison with.

Discount on punishment.

In the customary judicial system.

Secular.

In the judicial system of the Islamic Republic, repentance is considered as one of the factors for reducing or eliminating punishment. This is especially applicable to certain sins, religious crimes, and legal limits. For example, the punishment for some religious crimes (limits) such as adultery, theft, and drinking alcohol can be dropped if the person repents before the crime is proven. In this regard, Article 114 of the Islamic Penal Code states that if a person repents before the crime is proven, the limit will be dropped. Repentance can also lead to a reduction or exemption from punishment in the case of disciplinary crimes. According to Article 19 of the Islamic Penal Code, the judge can reduce or waive disciplinary punishment based on the person’s repentance and signs of improvement. Repentance can also serve as a basis for requesting forgiveness from the head of the judiciary or the leader of the government. However, for repentance to be effective in reducing or eliminating punishment, there must be sufficient

In secular legal systems, concepts such as crime, which arise from norms and social contracts, have a place for reduction and exemption from punishment, which are legal and human concepts. These systems differentiate between the concepts of “crime” and “sin.” The legal foundations of these systems are based on rational principles, human rights, and social contracts, and therefore have no connection to God, the afterlife, or ancient texts. Laws are usually passed by elected legislative bodies and legal sources include written laws, legal principles, judicial procedures, and legal interpretations. In the language of such systems, the concept of crime and punishment has no connection to sin in a religious sense, meaning that crime and punishment are relative and subject to change. In a secular and customary government, religion and government are separate and religious institutions have no direct influence on legislation and judiciary. Laws and policies are also formulated based on public interest and modern rationality.

Buttocks.

In the judicial system of the Islamic Republic, the basis of judgment is the appearance of religious and jurisprudential texts and teachings. Laws are also derived from religious texts such as the Quran, Hadith, jurisprudence, and fatwas of jurists. The state and religion are intertwined, and laws are based on religious sources and fatwas, and religious authorities play an important role in interpreting and implementing laws. Therefore, the government acts as a tool for implementing Islamic law. The scope of “sins” in the Islamic system is much broader than what is considered “crimes” in secular and customary systems, and it includes very personal matters. In this way, the Sharia and its representatives, namely judicial authorities, have extensive authority in enforcing Sharia regulations against customary-judicial institutions. In fact, repentance in Islamic jurisprudence and the guidelines for repentance are mostly related to religious matters.

In secular legal systems, emphasis is placed on the enforcement of the law and the rehabilitation of criminals, as well as their reintegration into society. In this regard, rehabilitation and reformation programs for criminals include education, counseling, and social activities. Additionally, measures and programs are taken to facilitate the return of criminals to society and prevent them from committing crimes again.

According to the repentance procedure, the goal of judicial authorities is to legalize and guide the repentant individual, while in secular systems, government and social institutions are responsible for implementing rehabilitation programs for criminals and preventing their return to crime. This difference is not surprising, as a legal system based on religion considers the individual as “obligated” and restricts their rights and freedoms, while a secular legal system emphasizes the individual’s “entitlement” and supports their rights and freedoms in the modern world. The integration of religious and government institutions in the Islamic Republic system allows religious authorities to have control over legal matters, while in a secular legal system where government institutions, especially the judiciary, are independent from religious institutions, judges and courts make decisions based on written laws and legal principles.