An Approach to Lenient Penal Policy in Light of Quranic Teachings

Document Type : Original Article

Author

Member of the academic staff of the Department of Criminal Law and Criminology, Faculty of Law and Political Sciences, Ferdowsi University of Mashhad

Abstract
Lenient penal policy is a recognized approach in the system of responses to crime, which focuses on correction and social reintegration of the offender through mechanisms such as mitigation, conversion, suspension, or exemption from punishment. "Lenient penal policy" is closely related to "crime concealment," "dejudicialization," "decriminalization," and "individualization" of punishments. In the Holy Quran, instances of punishment mitigation, conversion, forgiveness, and turning away from sinners are observed. However, the questions are: first, what are the foundations of Quranic lenient penal policy, and is there a way to derive such a policy from Quranic teachings? Second, does current substantive law have the capacity to accept and implement the Quranic lenient model?
This article, through a descriptive-analytical method and using library resources and reflection on Quranic verses, interpretive hadiths, and the views of commentators, examines the foundations and manifestations of lenient penal policy in the Holy Quran. The findings indicate that the nature and degree of the crime, the mental state of the offender, physical condition, repentance, behavioral correction, and religious and belief transformation of the criminal are the most important Quranic foundations for lenient penal policy. On the other hand, the legal application of Quranic lenient mechanisms requires increasing the judge's authority to individualize punishments through a review of regulations on alternative punishments, judicial exemption, pardon, and especially mitigating factors mentioned in Article 38 of the Islamic Penal Code.

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