Jurisprudence rules of nomad settlement in the social jurisprudence of Ayatollah Seyyed Mohammad Saeed Hakim and its adaptation to the principles of restorative justice

Babaei, Ehsan

doi:10.30497/irj.2022.76401

Jurisprudence rules of nomad settlement in the social jurisprudence of Ayatollah Seyyed Mohammad Saeed Hakim and its adaptation to the principles of restorative justice

Document Type : Original Article

Author

ehsan babaei

Assistant Professor, Department of Criminal Law and Criminology, University of Judicial Sciences and Administrative Services, Tehran, Iran

10.30497/irj.2022.76401

Abstract

The inadequacy of the conventional methods in criminal justice with the focus on punishing or reforming the criminal, which is associated with the imposition of high costs, as well as the inability of criminal justice to repair the material and moral damages to the victim and the society, has provided the ground for the expansion of the restorative justice approach. Nomadic settlement methods are one of the old manifestations of restorative justice, which speaks of the capacities of ethnic and tribal culture to restore relationships damaged by crime and compensate the victims. One of the influential components in the acceptance and stabilization of restorative methods in Iran's legal system is the coordination of these methods with religious instructions. Dedicating a chapter of Seyyed Mohammad Saeed Hakim's explanatory text on the questions of religious injunctions from contemporary imitation sources to the jurisprudential rules of nomadic settlement provides the possibility of examining the jurisprudential approach to restorative justice methods, which is the subject of this article. The separation of nomadic settlement from judgment, the principle of consent, the necessity of not contradicting religious instructions, the necessity of respecting the rights of the victim and the right holders, and using the capacities of settlement of disputes through arbitration are the main points of the jurisprudential approach to nomadic settlement. It seems that usages of the wise can be considered as the basis for the use of nomadic settlements, which of course, like other cases, can be accompanied by change.

Keywords

Restorative justice

criminal justice

mediation

nomad settlement

Mohammad Saeed Hakim