The Theory of Embarrassment in Restorative Justice from the Perspective of the Holy Qur'an*

Document Type : Original Article

Authors

1 PhD Student, al-Mustafa International University (Zand1382f@gmail.com)

2 Associate Professor, al-Mustafa International University (qorbanzadeh@chmail.ir)

3 Associate Professor, al-Mustafa International University (gerayeli1378@yahoo.com).

Abstract

Abstract
Restorative justice involves a variety of theories on accountability and correction for the offender, one of which is embarrassment. Du to this theory crime is controlled when members of the community make a coherent effort to re-accept an offender to a law-abiding citizen in society by participating in the denunciation and embarrassment of the offender. This is a general deterrent to someone who has this feeling.
This theory, which is applicable in many countries, suffers from epistemic and operational deficiencies. Therefore, the idea of ​​restitution and correction has been deduced in order to correct the offender and consequently reduce the crime by emphasizing the Quranic teachings. This idea is in fact the same as the process of repentance by the sinner in both the individual and social dimensions; because executing the true repentance not only eliminates the effects of sin, but also increases one's hope in strengthening servitude and a dynamic element in compensation and gaining divine consent. It is also a means of securing the community from sin. While referring to the purposes of punishment in Islam shows that the purpose of punishment is not revenge but the promotion of commitment to the divine restrictions; hence, it requires the internal, external, and complementary conditions that are sought after in this study by referring to interpretive and jurisprudential sources described in a descriptive and analytical method.

Keywords

The Quran and Science
Volume 13, Issue 25
January 2028
Pages 181-206

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History

  • Receive Date: 31 July 2019
  • Revise Date: 13 August 2019
  • Accept Date: 17 September 2019

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