Obstacles to Retribution in the Islamic Penal Code

Background and aim: This study is an attempt based on the documents and sources and the available religious sources to explain the most important function of retribution, preventing the occurrence of crime and maintaining order and social security. Retribution serves not only as proof of justice but also as a means to heal the conscience of the victim (or their family), refine the criminal’s character, and reduce physical crimes in societies that enforce it. Results: Revenge entails punishing the murderer or assailant by inflicting upon them the same harm they committed. Sometimes there are factors that directly prevent the execution of Qisas, these factors are called obstacles to retribution, including Abbot (i.e. father-son relationship) and inequality in religion, if one of these factors exists in a person, retribution is rejected.  Besides these obstacles, there are factors that cause the removal of responsibility and the fall of retribution, which can be mentioned as childhood, insanity, sleep, etc. that if a person commits murder and one of these factors is in him, revenge will not take place.Conclusion: From the perspective of the philosophy of Islamic punishment, retribution is legislated not only because of the merit of the criminal and the realization of criminal justice, and not only for the realization of individual and social effects and results, but also for the crime and the merit of the criminal and the realization of justice and the future. The proposed study is an attempt based on the documents and sources and the available sharia sources to prove the most important function of retribution, preventing the occurrence of crime and maintaining order and social security. Retribution, just as it is a proof of justice, it is a reason that heals the conscience of the victim against him or his parents, and it is a reason for the refinement of the criminal, and it also causes the reduction of physical crimes in the societies that implement it. The implementation of criminal justice is dependent on this punishment, and if it is not implemented, it is ruled out, because justice is not absolute justice from the point of view of the philosophy of Islamic punishment, and the only way to deal with the criminal is not to deal with justice, but to respond to evil with benevolence and kindness. Benevolence is another way to implement justice.

کلیدواژه ها:

retribution ، Obstacles to the Execution of Retribution ، Imami Jurisprudence ، Islamic Penal Code ۹۲