Legal Basis for Postponement of Sentence

The religion of Islam is the last divine religion and the complete program of human life for all societies and centuries. Therefore, it must be able to adapt to the changing circumstances and circumstances of society. Therefore, the criminal law of Islam divided into two parts; fixed and variable punishments. Qisas and diyat categorized as the fixed part of this system and punitive sanctions as variable one. These punishments have unique characteristics that can be effective in advancing the purpose of correcting and rehabilitating offenders. Given the fact that a certain part of the Islamic criminal policy is variable, it is a matter of whether there are rules in this regard that gives widespread powers to the Islamic ruler in order to determine appropriate punishments and institutions for correction and rehabilitation of criminals, in the light of the arisen circumstances and situations. On the other hand, one of the goals pursued by criminal policy decision-makers in determining criminal responses are the correction and rehabilitation of criminals in order to avoid the repetition of crimes. Postponement of the issuance of a sentence is one of the institutions seeking to correct and rehabilitate the criminal. This institution, as envisaged in the Islamic Penal Code of 1392, by suspending the issuance of sentences, increases the opportunity of making the criminal a law-abiding citizen.