A Reflection on the Grounds for the Abatement of Qiṣāṣ of Life and Limb in the Iranian Islamic Penal Code

Abstract

The establishment and enforcement of the punishment of qiṣāṣ are contingent upon the existence of specific conditions, the absence of any of which may prevent the implementation of qiṣāṣ. The Islamic Penal Code of Iran, enacted in 2013, in Part Two of Chapter Eleven, enumerates certain instances under the headings of pardon or forgiveness, repeal of the law, waiver by the private complainant, lapse of time, criminal responsibility, and the application of the Darʾ rule, which are applicable to ḥudūd and taʿzīrāt. In the sacred law of Islam, although the “principle of qiṣāṣ” in crimes against the bodily integrity of persons is recognized subject to certain conditions, the Sacred Legislator has consistently recommended and emphasized forgiveness and pardon in relation to qiṣāṣ, and by promising otherworldly reward to those who forgive, has regarded forgiveness as superior and preferable to the execution of qiṣāṣ. The present article, which is written using a descriptive–analytical method, seeks to analyze the grounds for the abatement of qiṣāṣ in the Iranian Islamic Penal Code.