Jurisprudential principles of criminal mediation in the field of ta'zir crimes with emphasis on restorative justice

Document Type : Original Article

Authors

• seyedeh samaneh Hoseeyni ¹
• mohammad Golverdi ²
• majid shaygan fard ³

¹ PhD Student in Jurisprudence and Fundamentals of Islamic Law, Islamic Azad University of Mashhad, Iran,

² Mohammad Reza Kazemi Golordi, Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Islamic Azad University of Mashhad, Iran

³ Assistant Professor of Law, Islamic Azad University of Mashhad, Iran

Abstract

One of the prominent manifestations of restorative justice is mediation, peace and compromise, which is referred to in the Holy Qur'an as the reform of the essence. The reform of the essence is one of the programs emphasized by Islam in cases of conflict. Which is done with the participation of members of the Islamic community (person or third parties who are called mediators) and the active and free participation of the parties to the dispute and seeks to establish peace and reconciliation and friendship between the parties to the dispute through reparation and compensation. This new establishment, with the efforts of jurists and the application of issues related to resolving disputes with the enlightened religion of Islam and jurisprudential texts, as well as a look at the rights of developed countries from the perspective of the judiciary, is gradually included in the legal texts of the country. Also becomes. However, the research findings indicate a significant effect of the use of mediation mechanisms in reducing the volume of cases and also the number of court appeals. Based on this, it can be concluded that mediation based on the Qur'an and Sunnah has a significant role in achieving restorative justice in the criminal proceedings.

Keywords

• Restorative justice
• mediation
• jurisprudence
• participatory criminal policy
• impunity
• intercession

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