De Judicialization and Punishment Approximately Relying on Restorative Justice

Abstract

 Although the discussion of restorative justice is one of the emerging issues in the field of criminal law, but the search in jurisprudential texts and the special approach of the Islamic criminal justice system to punishment, indicates the special attention of Islamic criminal jurisprudence to the theory of "restorative justice". The challenges that made the important mission of the classical criminal justice system in order to create public deterrence and achieve the reform of criminals, provided the way for the emergence of restorative justice. This theory has tried to resolve the dispute between the victim and the offender through De judicialization and punishment measures and to repair the damages caused by the crime in the light of a participatory criminal policy with the active participation of the victim, the offender and the community. The present article describes in a descriptive way based on the teachings of jurisprudence how Islamic law in the field of provision punishments, in order to protect the basic interests of society and ensure social security by providing De judicialization and punishment solutions, has emphasized on crime prevention and correction and treatment of the offender. Encouraging delinquency and denial in the stage of prosecuting a crime, strictness in proving provision crimes and applying the rule of Dara in the stage of proving a crime and accepting repentance and pardon in the stage of sentencing and execution of provision punishments, De judicialization and punishment measures are within the provision. And provides the emergence of "restorative justice" in this type of punishment.