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Reza1997

Islamic Court System

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Salam. I have a question about the Islamic Justice and Court system. In Islam, if a person is convicted of a crime.. does the punishment of the offender depend solely on the victim? For example if a person was accused of rape and the victim decides to forgive the person, then what would the court decide in this case? Does the court let the person who committed the offence get away with it just because the victim decided to forgive him?

Does the Islamic court follow the 'an eye for an eye' method of punishment or is there something else?

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W Salam

Hadd and ta'zir must be carried out, regardless of victim's decision or opinion. 

Qisas and diya are the victim's rights, thus he/she can drop them.

The difference between haq Allah an haq al nass.

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2 hours ago, mesbah said:

W Salam

Hadd and ta'zir must be carried out, regardless of victim's decision or opinion. 

Qisas and diya are the victim's rights, thus he/she can drop them.

The difference between haq Allah an haq al nass.

So in the case that I mentioned, where the victim of rape decides to forgive the offender, does the offender receive a punishment either way?

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5 hours ago, Reza1997 said:

So in the case that I mentioned, where the victim of rape decides to forgive the offender, does the offender receive a punishment either way?

Yes.

Punishment of rape is not qisas, but hadd.

However, generally, being convicted for a hadd requires certain conditions, which are usually hard to obtain, in the cases where these conditions do not obtain, the hadd is replaced with ta'zir (some other form of punishment, usually less severe) upon the decision of hakim al shar (religious/legal authority)

In contrast, some crimes might seem trivial at an individual level, but since they have significant or noticeable social impacts, they fall under Ifsad fi al ard (spreading corruption on earth) thus might get serious punishment.

Cases vary.

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