Repentance and its effect on Hudud: A Comparative study in Islamic Jurisprudence and Islamic Penal Code of 2013

Repentance (Tobeh) includes returning with Penitence toward God and avoiding sinning. The penitent should make a resolution not to do sins again. And also the sinner should ask for God''s forgiveness and try to compensate for his past. Regarding to Quran and Sunna، repentance has a special and important place. It is an opportunity given to the guilty to repent from his wrongs and to try to right. In addition to the other worldly effects، repentance has mundane effects، too. Since scholars differ about the amount of its effect in mundane punishments، it is necessary to consider its effects in punishments. There are several opinions about the effect of repentance in penalties. Zahariah believe that repentance does not have a role in the lapse of mundane penalties. Because accepting the lapse of punishments by repentance leads up to God''s hudud come to a standstill. They believe repentance causing to lapse of unworldly penalties. The religions of Hanafieh، Malekieh and Shafehieh believe that punishment merely renders null the crime of combatant (Mohareb) and doesn''t have any effects in other punishments، on condition that the combatant repents before government forces take action because only in proportion of the crime of fighting (together) (Moharebeh) there is a clear text (Nass-e-Sarih). Hanableh، Emameih and Shafehieh in one of the saying rely on Ahadis and in comparison (Qias) with other penalties، believe repentance generally clears Hudud. It seems that this opinion is more correct.