Exploring the repentance construct in medical mistake and its effect on Haddi punishment
In Islamic resources, including the Holy Quran’s ĀYĀT and narrations, as well as from the perspective of various religions, including Christianity and Judaism, repentance enjoys a lofty position in such a way that it has been realized as the cause of the human beings’ deliverance and felicity. Following the lead of the canonical resources, the Islamic penal code of law, passed in 2013, posits repentance construct as one of the regulations of the law on general punishments. The present study makes use of a descriptive-analytical method to discuss about and investigate this legal construct as one of the reasons for the abolishment of the punishments as viewed by the jurisprudents and jurists. The study results indicated that all of the Islamic religions consider repentance as the cause of the otherworldly chastisements’ abolishment. However, there are discrepancies regarding the abolishment of earthly punishments through repentance. In Imamiyyah Jurisprudents’ ideas, repentance dismisses the criminal liabilities in the violations of the God’s rights and it abolishes the punishment if it is done before the crime justification. The repentance after the justification of the crime through presentation of proofs is not considered as the cause of punishment abolishment by them. As for repentance after confession, it is believed that the judge is free to either enforce the punishment or grant the amnesty demand. The individuals realizing repentance as a cause abolishing the Hadd punishments are of the belief that repentance originally causes the abolishment of Ta’azirāt. Repentance is amongst the criminal law’s constructs in Islam that, in comparison to the other criminal law schools, has been considered for the correction of the criminals and it causes the abolishment of punishment in the majority of the cases but it is less frequently seen to be employed in the judicial courts for the abolishment of the criminals’ punishments.
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