Analysis of the Effectiveness of Qisas Punishment: A Pathological Approach to Iran’s Judicial Criminal Policy

Abstract

Qisas (retributive justice) is considered one of the central institutions of Islamic criminal law and the criminal policy of Iran. It is grounded in the philosophy of deterrence, realization of justice, and the preservation of societal life. However, the practical implementation of this punishment faces serious challenges and harms that compromise its overall effectiveness. Accordingly, the objective of this study is to examine the pathological aspects of qisas enforcement within the framework of Iran’s judicial criminal policy and to analyze the legislative and judicial obstacles it faces in order to propose strategies for resolving the current situation. This research adopts a descriptive-analytical method and utilizes a library-based approach for data collection. The findings indicate that Iran’s criminal policy toward qisas suffers from deficiencies at both the legislative and judicial levels. In the legislative domain, issues such as the lack of a coherent system for codification and the ambiguity of certain legal provisions pose significant challenges. In the judicial realm, harms such as protracted proceedings, inconsistencies in the execution of sentences, and conflicts with human rights norms hinder the effectiveness of this penal institution. Given the identified deficiencies, the study concludes that enhancing the effectiveness of criminal policy regarding qisas requires a comprehensive approach. It is recommended that, while maintaining the jurisprudential foundations, reforms should be implemented through legislative amendments, provision of specialized training for judges, promotion of a culture of forgiveness, and utilization of restorative justice capacities. The novelty of this study lies in its presentation of an integrated pathological framework that simultaneously analyzes the challenges of qisas enforcement at both legislative and judicial levels.