Zakiye Pahlevan; maryam aqaibagestani; mohammadamin haghighat
Volume 10, Issue 3 , January 2022, , Pages 139-154
Abstract
Human rights are rights that are realized from the birth of human beings and are independent of governments. In the Islamic penal system, in addition to emphasizing the deterrent aspect ...
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Human rights are rights that are realized from the birth of human beings and are independent of governments. In the Islamic penal system, in addition to emphasizing the deterrent aspect of punishments, there are many strict rules, especially on sexual crimes known as divine limits. However, there are many manifestations of depenalization that can be considered as manifestations of human rights in these penalties. Cases such as the multiplicity of witnesses or the special quality of testimony and confession, as well as the possibility of repentance in certain circumstances indicate the legislator's attention to the human personality of the offender and his/her human rights.In this manuscript, after reviewing and investigating the texts of criminal jurisprudence and scrutinizing the opinions of jurists, we found that although there is the intensity of action in the manner of punishments, due to the difficulty of proving such crimes and their special circumstances, as well as cases such as acceptance of repentance in special circumstances the objective has been deterrence and repentance of the offender and the educability of the offender and society.Key words: Human Rights, Sexual Crimes, Repentance, Depenalization
