What is Penal Mediation

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.