International University of Islamic Denominations Fiqhe Moqaran 2322-1976 2 3 2014 06 01 The Judge's Authority to Pardon Criminals The Judge's Authority to Pardon Criminals 7 23 8756 FA Abedin Momeni 0009-0002-9834-8904 Asqar Ajdad Journal Article 2012 12 29 Pardon is an action which takes place to relinquish all or part of the punishment of convicts. According to Islamic jurisprudence, this right in the realm of the discretionary punishments is absolutely in the hands of the ruling authority; But in the realm of prescribed punishments (Hudūd) that pertain to God, the ruling authority is allowed to forgive if the crime is proved by confession, whether the offender repents or not, and in case that pardon is expedient or lack of forgiveness causes corruption. Pardon right, not just for the Fourteen Infallibles (Ma‘sūmūn). And at the time of occultation lies in the hands of Walī-al Faqīh (Guardian Jurist), but other judges who are permitted by Walī-al Faqīh have no right to pardon. Unless Walī-al Faqīh, in addition to the judicial authority, gives them the authority of pardon. Pardon is an action which takes place to relinquish all or part of the punishment of convicts. According to Islamic jurisprudence, this right in the realm of the discretionary punishments is absolutely in the hands of the ruling authority; But in the realm of prescribed punishments (Hudūd) that pertain to God, the ruling authority is allowed to forgive if the crime is proved by confession, whether the offender repents or not, and in case that pardon is expedient or lack of forgiveness causes corruption. Pardon right, not just for the Fourteen Infallibles (Ma‘sūmūn). And at the time of occultation lies in the hands of Walī-al Faqīh (Guardian Jurist), but other judges who are permitted by Walī-al Faqīh have no right to pardon. Unless Walī-al Faqīh, in addition to the judicial authority, gives them the authority of pardon.

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