An Analysis of the Criteria for Distinguishing Forgivable and Non-Forgivable Offenses (A Comprehensive Analysis Based on Custom, Sharia, and Criminal Policy)

Mohammad Javad Moghadam¹ Hossein Ali Norouzi² Hassan Kord³

1) Master of Arts in Criminal Law and Criminology, Imam Khomeini Educational and Research Institute, Qom, Iran
2) Bachelor of Arts in Islamic Theology, Imam Khomeini Educational and Research Institute, Qom, Iran
3) Master of Arts in Law, Specializing in Jurisprudence and Fundamentals of Islamic Law, Allameh Tabataba i University, Tehran, Iran

IOI Code : AABF-AAAGEK
Publication : 3rd International Conference on Applied Researches in Humanities, Economics, Management & Accounting(icrhema.com/3rd)
Abstract :
    The distinction between pardonable and non-pardonable crimes is a crucial issue in criminal law, significantly impacting criminal policy and the rights of victims. This research examines and analyzes the criteria for distinguishing these crimes based on custom, Sharia, and criminal policy. The aim of this study is to provide a comprehensive analysis of the criteria for distinguishing pardonable and non-pardonable crimes, with an emphasis on jurisprudential, customary, and criminal policy foundations. This research employs an analytical-descriptive method, utilizing jurisprudential, legal, and criminological sources to examine the criteria for distinguishing pardonable and non-pardonable crimes. The findings of this research indicate that the criteria for distinguishing pardonable and non-pardonable crimes are influenced by various factors, including the type of crime, the extent of damage and harm, the public and private aspects of the crime, and the prevailing criminal policy in society. Furthermore, this research concludes that in determining these criteria, special attention must be paid to the rights of victims and the interests of society.

Keywords : forgivable crimes non forgivable crimes criteria for differentiation custom sharia criminal policy