نوع مقاله : علمی پژوهشی
عنوان مقاله English
نویسندگان English
Despite its educational significance, the concept of pardon and leniency in Islam has sometimes been subject to misinterpretation and extremes in application. The tension between recommendations for pardon and mandatory legal rulings—such as *Hudud* (fixed penal sanctions) and *Qisas* (retribution)—raises serious questions regarding the relationship between pardon and justice. Through an analysis of Islamic sources, this theoretical-analytical study examines the concepts of pardon and leniency, identifying seven educational functions: character reconstruction, fostering the motivation for reparation, preserving dignity, self-control, facilitating repentance, strengthening relationships, and providing a model for behavior. These functions are realized only when specific conditions across four levels—religious, ethical, legal, and educational—are met (e.g., the prospect of reform, respect for the victim's rights, maintaining deterrence, supporting rehabilitation, and upholding justice). The distinction between the "Right of God" (*Haqq Allah*) and the "Right of People" (*Haqq al-Nas*) plays a pivotal role in defining the scope of pardon; in crimes affecting the public interest, the enforcement of *Hudud* takes precedence over pardon, as indiscriminate pardon in this realm undermines deterrence. Disregarding these conditions leads to detrimental consequences, such as the violation of rights and the erosion of justice. A key finding of the research is that pardon and justice are complementary: pardon takes precedence in the realm of personal rights, while justice prevails in the realm of public rights. In Islam, pardon is a conditional virtue grounded in justice. The study’s innovation lies in presenting a "conditional model of pardon" and elucidating its relationship with justice within the Islamic ethical and legal framework.
کلیدواژهها English