The Dual Nature of Criminal Justice in Islamic Penal Code: The Contrast and Interaction of Restorative and Non-Restorative Approaches in Hadd, Qisas, and Diyat Crimes

Abstract

Criminal justice in contemporary legal systems is usually formulated in two broad models: punitive (non-restorative) and restorative; the former emphasizes punishment, intimidation, and maintaining public order; and the latter emphasizes compensation, restoration of damaged relationships, and the active role of the victim and offender in resolving the consequences of the crime. The Islamic Penal Code of Iran, especially in the areas of hadd crimes, qisas, and diyat, has a structure that is apparently characterized by severe and corporal punishment, but in its deeper layers it contains mechanisms that are consistent with the logic of restorative justice. The main issue of this research is to explain the dual nature of criminal justice in this law and to analyze how restorative and non-restorative approaches contrast and interact in the three areas of hadd, qisas, and diyat; in particular, the question of whether these areas are simply manifestations of retributive justice or whether we can speak of a hybrid model. The research method is descriptive-analytical with a documentary approach, and the data were collected from jurisprudential sources, criminal law doctrine, and provisions of the Islamic Penal Code and analyzed with the theoretical framework of restorative justice. The findings show that the limits are more dominated by non-restorative and divine logic than other areas, although institutions such as repentance and the fall of the hadd in certain circumstances create restorative loopholes. In contrast, retribution and especially diyat, due to the central role of the victim or the relatives of the deceased, the possibility of peace, forgiveness, conversion of punishment, and financial compensation, are significantly consistent with the indicators of restorative justice. As a result, the Islamic Penal Code is not a completely punitive system, but has a combined model of criminal justice. Accordingly, it is suggested that strengthening criminal mediation mechanisms, developing the institution of peace and forgiveness during the trial stages, and a narrow and restorative interpretation of the regulations governing the abolition of punishment will contribute to the greater coherence of this combined model and the efficiency of criminal policy.