A Comparative Review of the Governor's Amnesty

The governor amnesty is one of the important institutions of Islamic penal law which, along with institutions such as repentance, confession, plea bargaining, criminal prosecution, conversion or mitigation of offenders. Although Sunni tribal religions such as Shia have accepted the principle, there are fundamental differences between the Sunnis on the one hand and the Shiites on the other in terms of the scope of Amnesty's influence, as well as proof of this right. The present study compares the authority of the Imam Ali (PBUH) in pardoning the convicts to three types of Islamic punishments namely Qisas and Diyat, limits and ta'zirFamous jurisprudents of the Imamiyyah have endorsed the principle of amnesty by Wali, though they disagree on its scope and scope. On the other hand, the Sunnis, unanimously, do not allow amnesty after proving to the ruler - whether the ruler is pardoning or whether he is a magistrate against him or she or he - and they are bound to uphold it. Famous religious scholars of Khamseh, while accepting the authority of the Prophet, have pardoned Qisas, Diat and Ta'zir, but differ in details. By dividing pardon and retribution into two suppositions of the existence of a specific but aptitude and the absence of it, the authors examine the issue's verdict, and then apply the amnesty to each of the two cases by extending ta'zir to the righteous and the righteous.