Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The Restorative Approach of Iranian Criminal Law towards Hodud, Retribution and Blood Money

Document Type : Original Article

Authors
1 PhD Student of Criminal Law and Criminology, Damghan Branch, Islamic Azad University, Damghan, Iran.
2 Assistant Professor of Law Department, Damghan University, Damghan, Iran. (Corresponding Author)
3 Assistant Professor, Department of Jurisprudence and Law, Damghan Branch, Islamic Azad University, Damghan, Iran.
10.22034/jccj.2025.475962.1651
Abstract
For the first time, the 1392 Criminal Procedure Law has included the issue of restorative justice in the criminal proceedings process in some minor and private crimes. This has made the discussion of the restorative approach of criminal law towards Hodod, retribution and blood money important and necessary. The purpose of this article is to examine the restorative approach of Iranian criminal law towards Hodod, retribution and blood money. This article is descriptive-analytical. Also, this research, with a practical purpose and in the form of documentary and library studies, has investigated the restoration approaches of the Islamic Penal Code in this regard. The findings showed that the restorative approach, including the reformation, which means third-party to resolve disputes or resolve enmity, and to administer justice by the judge of consolidation and, has always been considered in jurisprudence in the fields of retribution, retribution, and blood money. In the process , which is referred to in Islamic jurisprudence as the two methods of reforming one's character and intercession, in crimes that require retribution, peace and compromise, agreeing to dowry, forgiveness, or pardoning the victim, it plays an effective role in punishing the offender. However, this The methods have not been paid much attention by the law enforcement regarding the Hodod, retribution and blood money.
Keywords

Volume 1, Issue 3 - Serial Number 3
Summer 2021
Pages 145-163

  • Receive Date 26 April 2021
  • Revise Date 10 July 2021
  • Accept Date 19 August 2021
  • Publish Date 23 September 2021