Pardon (al-Afw)
Pardon or granting forgiveness also forms an important component in Islamic criminal law. It is discussed in detail under qisas as it is known as the category of Islamic criminal law that empowers victims.
However, pardon is actually applicable in all categories of crimes, including ta‘zir and hudud. This is especially the case in crimes that violate individual rights. The jurists agreed that pardon is one of the factors that remit the execution of qisas punishments on convicted criminals.[899] In ta‘zir and hudud, principally, the ruler or judge is given the exclusive right to pardon criminals, by considering the interest of the public.[900] Some jurists, nevertheless, have opined that it is possible that if the victim chooses to pardon the criminal, the judge should also grant a pardon to the criminal, if he/she considers it necessary.[901] However, this only applies in ta‘zir offences that violate the rights of individuals, not the public.D.
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