Document Type : Scientific Research
Authors
1
student of Fiqh and Fundamentals of Islamic Law, CT.C., Islamic Azad University, Tehran, Iran.
2
Associate Professor, Department of Fiqh and Fundamentals of Islamic Law, CT.C. Branch , Islamic Azad University, Tehran, Iran. (corresponding author)
3
Assistant Professor, Department of Fiqh and Fundamentals of Islamic Law, CT.C. Branch , Islamic Azad University, Tehran, Iran.
Abstract
This study aims to explain the legal effects and rulings arising from the distinction between Haqqullah and Haqqulnas in Hadd crimes and to examine the role of this distinction within the criminal process. The significance of the topic lies in the fact that Hadd crimes, due to their divine nature while simultaneously generating individual consequences, are situated at the intersection of public and private rights. Any ambiguity in determining the nature of the right may therefore lead to fundamental differences in prosecution, evidentiary requirements, pardon, and the execution of punishment. The research method employed is analytical–descriptive and based on the study of jurisprudential and legal sources. By examining theoretical foundations, provisions of the Islamic Penal Code, and practical approaches, the study seeks to clarify the criteria for distinguishing these rights and the implications of each. The findings indicate that Haqqullah and Haqqulnas differ not only in purpose but also produce distinct effects throughout all stages of criminal proceedings. Haqqullah triggers prosecution without the need for a complaint, restricts the impact of pardon, and requires stricter evidentiary standards, whereas Haqqulnas affords the victim a more active role, and pardon may halt prosecution or eliminate punishment. The results reveal that although the Iranian legislature has attempted to observe this distinction, ambiguities—particularly in mixed offenses or at the stage of enforcing Hadd punishments—have led to divergent interpretations and practical challenges, highlighting the need for greater legal clarity and legislative refinement.
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