M.A. Thesis:

Investigating the objections to the legal regulations of the penitentiary against the jurisprudence

Abstract: Repentance is one of our religious concepts. In the definition of repentance, it is said to return from the present, present and intellectual sin, or to purify the heart from sins, and to return from the distance of the Almighty to near Him, or to forsake sins in the present, and to be sure of forsaking it in the future and avenging past sins. Or a return from right-wing opposition to his consent. The repentance of the offender, while having difficult conditions, has a high status in Islamic law. This jurisprudential term has also found its way into the subject law of the country, so that repentance in the Islamic Penal Code is one of the reasons for reducing the punishment. Therefore, repentance should not be limited to Sharia and jurisprudence. The meaning of "repentance" in the law is mostly related to crimes that cause the sharia limit, and among these are the crimes of usurpation and moharebeh. Therefore, if the accused repents before the crime is proven and his remorse and correction is proven to the judge, the hadd will be revoked. In some ta'zir crimes, the offender can be released from punishment by repenting, provided that his repentance is accepted by the judge, or he deserves a mitigation of punishment. One of the dangers of the issue of repentance is that if at any stage it is proven that the person has not really repented but pretended to repent, the punishment will not only be applied but also the maximum punishment provided by law in ta'zir crimes. Articles 114 to 119 of the Islamic Penal Code are specifically devoted to the subject of repentance, although the legislator has used the term in other articles of this law as well. In this research, we will examine these materials and examine the problems and drawbacks caused by them. Keywords: legal regulations, criminal repentance, jurisprudential principles

Keywords: Keywords: legal regulations, criminal repentance, jurisprudential principles