The Competence of the Leadership in Pardoning and Mitigating Punishment within the Limits of Islamic Law, with Emphasis on in the Ward 11 of Article 110 of the Constitution

Today, in most legal systems, one of the measures to re-socialize criminals is to grant amnesty or commutation of the sentence of the convicts by the highest authority of a country. In this regard, paragraph (1) of Article (1) of the Constitution considers one of the powers of the leadership to pardon or reduce the punishment of convicts within the limits of Islamic standards. Our most important goal in the present article is to explain the exact meaning of the phrase "within the limits of Islamic standards" in this principle and its religious requirements in order to determine the limits of this competence for leadership.

This descriptive-analytical article has been prepared using documentary method and filing tool.

The findings indicate that, although the provisions of the amnesty and mitigation commission of the convicts approved in 1387 regarding those sentenced to retribution and blood money are in accordance with jurisprudential standards; However, this by-law does not fully comply with the jurisprudential standards in this regard due to the limitation of the leadership's competence to pardon or reduce the convicts to the extent or ta'zir; Therefore, considering that the by-laws have not been reviewed by the Guardian Council so far in terms of inconsistency or non-inconsistency with the Shari'a and the Constitution, it is necessary to review and amend the by-laws in this regard.

Ethical considerations: 

In all stages of writing the present study, honesty and trustworthiness have been observed.

The result of descriptive-analytical study of this issue indicates that firstly, "Islamic standards" in this principle, including primary and secondary rulings. Secondly, according to the Shari'a, the authority to grant amnesty or commutation of the sentence of the convicts by the leadership is reserved for the convicts to the extent of ta'zir or ta'zir (including sharia and government ta'zir) and according to the right of qisas and diyat, the leadership The tail is placed, it can not order retaliation or blood money.