مطالعات فقه و حقوق اسلامی (Feb 2021)

Unconditionality of repentance in forgiveness or execution of hadd in confession of the offender

  • Seyed Masoud Eisazadeh,
  • Hosein Naseri Moghaddam,
  • Zahra Govahi

DOI
https://doi.org/10.22075/feqh.2020.19483.2300
Journal volume & issue
Vol. 12, no. 23
pp. 211 – 232

Abstract

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The majority of Shiʿite scholars believe to the conditionality of repentance after confession to the Imam's authorization to perform hadd or forgive it. However, Ayatollah Khoei's opinion is contrary to the Majority’s view and he perceives the unconditionality of repentance after confession to the Imam authorization to perform Hadd or forgive it. Famouse jurists’reasons in this regard are consensus and some narrations that the survey of narrations shows that in addition to the weak document of some of them, some of them and some cannot prove the claim and even in some narrations there is no discussion about the conditionality of repentance. Consensus is also questionable, despite opposite view on the issue. On the other hand, for opposite view, there is no reason or document other than the absolute and non-restriction of the reasons. hence, finally, by examining the reasons of the parties, it seems that the view of unconditionality of repentance is more correct according to Talha's narration, and This agrees with the reasons of caution.

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