The Effect of Reconciliation on Criminal Cases Between Islamic law and Positive law

Abstract

In light of the distress of criminal justice that human societies suffer from, I tried through this research to identify one of the alternative methods for criminal prosecution, which is the criminal reconciliation system as one of the means of consensual justice and its impact on resolving disputes, repairing the relationship between the perpetrator and the victim, and stabilizing society, and its impact also appears from The economic aspect of helping the accused by relieving him of the expenses of the criminal case; Therefore, many legislations have resorted to interfering and reducing the burden on the judiciary by approving a criminal conciliation system for many crimes, which in turn differs from similar systems such as civil conciliation, waiver, pardon, and reconciliation by clarifying its nature, legal nature, and its impact on the criminal case .Through this research, we aim to study criminal conciliation as an alternative means of criminal prosecution, and to demonstrate the extent of its importance, especially in crimes that are not of a high degree of seriousness, by describing the criminal conciliation system and explaining its legal nature and its impact on the criminal case. Through this research, it became clear to us that Islamic law adopted reconciliation and permitted its application in crimes of retaliation and punishment, in contrast to man-made legislation that restricted it to specific crimes. Criminal reconciliation also has its effect by force of law, as the criminal case is terminated and even the penalty is dropped if the reconciliation was issued after the final ruling, in addition to erasing all criminal effects.