Decriminalization in the Islamic penal code enacted in 1392: the case study of family offences

Abstract

As for the importance of the family maintenance, the legislator needs to predict appropriate social response to deal with any illegal act. In this regard, the act of decriminalization to reduce the adoption of punishment and retribution would be the best solution. This research proves that there are some way outs to fulfill the objectives of decriminalization regarding family crime. Some solutions such as asking for an appeal or taking alternative punishment to replace imprisonment and last but not least the issue of conditional or so to say the semi-release would be introduced accordingly. It is worth mentioning that in this study the discretionary punishment is in the focus, not the retribution such as Qisas and Hudud. It is worth mentioning that in this study the discretionary punishments is in most concern rather than retribution punishments such as retaliation (Qisas and Hudud) . According to the efficiency of decriminalizing ‚ the implementation of this policy can reduce the negative effects of sanctions while in the meantime provides ground to maintain family affairs.

Keywords

• decriminalization
• criminal law policy
• alternative punishment to replace imprisonment
• family offences
• punishment