Repentance (at-Tawbah)
Al-Qurtubi defined repentance as ‘having a feeling of penitence to God with good faith and sincere piety by performing good deeds to counteract the effect of bad deeds’.[912] It is interesting to note that Islamic criminal law is the only criminal law that accepts repentance as a factor to remit one’s punishment.[913]
Repentance is regarded as one of the factors that remit punishments in Islamic criminal law.
The difference between repentance and pardon is that repentance is applicable in crimes affecting public rights, while pardon is applicable in crimes affecting private or personal rights. Thus, remittance of punishment due to repentance can only be granted by a judge or a ruler.The discussion on the position of acceptance of repentance as a factor that remits punishment is primarily based on a Quranic verse where Allah explains that he who repents after committing the crime of hirabah (burglary) is forgiven, and thus his punishment is remitted, provided that the repentance happens before he is apprehended. This is related to the fact that the law is sourced from the religion and morality that promote humans to be better, and repentance is basically the option that one has in order to regain the mercy of Allah, and thus be better. Jurists hold on to the validity of repentance as a defence based on Quranic verses:
Say: O my servants! Who have acted extravagantly against their own souls, do not despair of the mercy of Allah; surely Allah forgives the faults altogether; surely He is the Forgiving the Merciful.[914]
In the verse where Allah explains the punishments that await those who commit hudud crime of hirabah, Allah then mentions in the following verse that criminals of such crime can be forgiven if they repent:
Except those who repent before you have them in your power; so know that Allah is Forgiving, Merciful.[915]
The above discussion discovers the resemblances between restorative justice and Islamic law, specifically its criminal law. It can be submitted that the restorative values can be encompassed if Islamic criminal law is applied in accordance with its principles.
The next discussion focuses on the research attempt to trace the application of Islamic law in the legal history of Malaysia. This is to prove the fact that Islamic law has been applied since the fifteenth century and that its application can be traced back to the Sultanate of Melaka. Thus, this proves that Islamic law in general, and Islamic criminal law in particular, has partly set the base upon which the legal system of Malaysia is founded.
III.
More on the topic Repentance (at-Tawbah):
- Repentance
- Looking at the current practices, as mentioned in the early part of this chapter, there was a call by the government to examine restorative justice for the purpose of applying some, if not all, of its principles and practices.
- A Closing Word
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