Abstract
Despite the recognition of the concept of 'restorative justice' in the Persian literature of criminal sciences during recent decades, Iran has a long history of traditional customs and heritages with restorative function that their origins could be found in both pre-Islamic and post-Islamic historical eras. However, the restorative practices have entailed contradictory outcomes of reception and censure. The sympathizers believe that they are a specific means for interaction and relations between tribes, clans, and ethnic groups, or mechanisms of social control. But the opponents criticize such practices due to their potential detrimental consequences particularly in some cases of forced marriage. Notwithstanding these considerations and concerns, one approach to this issue alongside the subject of the present book is to inquire the capacities of restorative practices within domestic customs and traditions of Iranian society. In addition, the legislative manifestations of restorative practices within the Iranian legal system and challenges of the related legislation deserve to be discussed.
TopQuestions And Problematic Point
The present chapter seeks to answer two key questions. First, what capacities of restorative practices are there due to the traditional rituals and customs in Iran? Second, what challenges the Iranian legal system does face in recognition of restorative justice at legislative and implementation levels?
Key Terms in this Chapter
Criminal Justice System: It is a body of governmental agencies, organizations, and institutions (emphasizing upon police, prosecution services, courts, and corrections) that their aims are to respond past crimes and criminals by a series of criminal sanctions, including deterrent, incapacitative, rehabilitative, and restorative ones, as well as to prevent future crimes and criminals by a series of measures and mechanisms, and finally, to protect and support for victims of crime ( Rush, 2003 ).
Domestic Customs and Traditions: These are certain ways of behaving or a series of actions that some ethnic groups or tribal communities regularly carry out or perform in a particular situation or context based on their own custom and or beliefs. Two major examples of such domestic customs and traditions that still exist in the Iranian society are cease-blood ( khoon-bass ) and resolution ( fasl ) ( Laing and Frost, 2017 ).
Restorative Justice: It is an approach to and a model of justice that seeks to repair or restore harm or injury by seizing an opportunity for those who are suffered harmed or injured and those who take responsibility for the harm or injury, and by communicating about and address the needs, interests and rights of all actors of criminal occurrence, i.e., the victim, offender, and society ( Dignan, 2005 ).
Penal Mediation: It is a form of alternative dispute resolution outside the court that is in general applied in the settlement of civil disputes, but also in practice often applied in criminal cases by discretion of a judicial authority and referring to a mediator or conciliator ( Rigoni, 2016 ).
Dispute Resolution Council: It is a societal institution which acts through processes to help people for resolving their disputes without a legal action whether as a criminal or civil case. In some countries like Iran, Dispute Resolution Council (DRC) is a governmental organization under the authority of the Judiciary ( Burton, 1990 ).