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

One of the questions that has occupied the minds of many human rights activists is the question of whether the “guidelines for repentance” and the court’s recommendation to defendants and convicts to express regret for their criminal act in order to be released from the prescribed punishment – as stated in the law – have 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, in general, or in Islamic criminal law, in particular, is not a new topic, but it has a long history. In Quranic teachings, theoretical and practical ethics, narrations and traditions from Shia Imams and Shia jurisprudence have also been extensively discussed. Therefore, delving into the dimensions and historical roots of this Islamic tradition requires sufficient research in the field of religious studies, which is not the subject of this note; however, it can be said that repentance is a means of seeking forgiveness. Although the term “repentance” does not exist in human rights documents, these documents do refer to the concept of forgiveness for criminals. One of the points mentioned in international documents on the rights of prisoners is “rehabilitation and reform of criminals”, which in religious literature is referred to as repentance.
Second:Human rights research and the connection between it and what is being implemented in the Iranian judicial system as a repentance procedure is one of the most complex and slippery tasks. It should also be noted that in the implemented procedure, the mention of serious crimes is 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 about the principle or form 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 constraints and freedom from the dominance of religious and sectarian attitudes. This goes against the fundamental philosophy and mission of religious

Third.In the discussion of repentance or forgiveness or 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 false accusation (slander of committing adultery or sodomy with someone) and fighting, if the accused repents before the crime is proven and his remorse and reform is confirmed by the judge, the punishment will be dropped. Also, if the aforementioned crimes, except for false accusation, are proven by confession, even after the crime is proven, the court can request the forgiveness of the criminal by the head of the judiciary from the position of the leader.” As can be seen, the language used in the mentioned law and the recent executive regulations, although filled with legal terms and concepts, indicates forgiveness and finding ways to save some criminals from harsh punishments such as execution and implementation of limits. Therefore, what is mentioned in some hidden concepts in

Fourth.Although the discussion of repentance, or the reform of perpetrators of serious crimes and the reform of the repentance verification procedure, which was compiled and promulgated for the implementation of Articles 114 to 119 of the Islamic Penal Code approved in 1392, has a title and heading derived from religious texts and Islamic jurisprudence, it may impose a certain concept on the audience from the perspective of other cultures and human rights perspectives. However, overall, it can be seen as an effort to standardize the application of leniency in those categories of punishments and sentences in which religious principles, the implementation of Sharia, or the judgment of God – with a specific interpretation – are involved, rather than addressing a crime or offense that has a private complainant. If we look at this procedure from this perspective, it can even be seen as an attempt to find a way to escape from the implementation of very harsh punishments, especially for crimes such as drinking alcohol, adultery, homosexuality, and the like

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

For example, in Article 1 of the code of conduct, repentance is described as a spiritual state that involves attention and return to God. It is clear that despite this definition, the provisions of the mentioned code of conduct do not apply to secular societies and individuals who are non-religious, and are only meaningful for believers in God. Also, in Article 5 of the mentioned code of conduct, the judicial authority is required to “pay attention to cases such as the following in order to
Sixth:

Despite the fact that the mentioned code of conduct is based on the traditional jurisprudence system and may not be compatible with some principles of human rights in Western interpretation, such as the freedom to choose one’s religion, it can still be seen as a step forward in the long run. In the short term, it may prevent bloodshed and imprisonment of many individuals who have made mistakes or have been negligent, and spare many families from suffering and pain. In the long term, it can lead to social reforms, promotion of individual rights and human dignity, and a return to true religious faith.

Therefore, I invite intellectuals who may have issues with the implementation of some Islamic laws in current circumstances, or may be completely opposed to it, to consider this important matter. Progress and acceptance of some human rights principles in Islamic societies is a slow process and requires significant changes in the underlying layers of society. Therefore, any law, decree, code of conduct, or regulation that even slightly contributes to making life easier