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Pardon of Prisoners in the Light of Human Dignity and Islamic Human Rights
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Mahmoud Abbasi1    , Meysam Kalhornia Golkar *2 |
1- Head of Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran; Head of International Human Dignity Think Tank, Tehran, Iran.
2- Researcher of Institute of Bioethics and Health Law, Tehran, Iran; General Director of International Human Dignity Think Tank, Tehran, Iran. |
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Abstract: (44 Views) |
The pardon of prisoners is one of the significant and functional institutions within the framework of criminal policy and criminal justice, which, beyond its legal and judicial aspects, is intertwined with fundamental concepts such as human dignity and human rights. At first glance, pardon functions as a mechanism for mitigating or removing punishment in specific cases; however, at a deeper level, it reflects the commitment of legal systems to the principle of inherent human dignity and the possibility of an individual’s reintegration into social life. From the perspective of Islamic human rights, pardon is not merely a governmental measure but is rooted in revelatory foundations, Qur’anic teachings, and the Prophetic and Alawite traditions, wherein forgiveness, clemency, and the restoration of the offender’s personality are emphasized in light of human dignity. Adopting a descriptive–analytical approach, this article examines the relationship between pardon and human dignity, as well as its status within the system of Islamic human rights. The findings indicate that pardon in Islamic thought, in addition to its individual and moral dimensions, also carries social and legal functions and can serve as an effective tool for reducing social harms, promoting restorative justice, and safeguarding the rights of prisoners. In the Islamic Republic of Iran, the recent approach of the judiciary, known as “criteria-based pardon,” which is designed not on the basis of individual cases and titles but rather upon general standards with regard to critical opportunities for social reintegration, represents a step forward in upholding human dignity and adherence to Islamic human rights. Finally, the study underscores the necessity of institutionalizing the process of granting pardons and employing it as an instrument for social reintegration and the realization of human dignity within Iran’s criminal policy. |
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| Keywords: Pardon, Human Dignity, Islamic Human Rights, Criminal Justice, Prisoners |
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Full-Text [PDF 682 kb]
(15 Downloads)
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Type of Study: Research |
Received: 2024/12/14 | Accepted: 2025/01/26 | Published: 2025/02/14
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