Criminal Justice in Sasanian Persia

Abstract

Sasanian criminal law had at least three different functions: to protect the political interest of the state and the ruling elite, to maintain Zoroastrianism as the official religion of the kingdom, and to protect the society against criminals. Crimes were classified into various categories and sub-categories on which penalties of individual delicts were depending. According to the theory of punishment elaborated by the sages and jurisconsults, the aim of the penalty was to save the soul of the perpetrator from the consequences of his crime. In criminal procedure law Zoroastrian clergy played a decisive role, at least in proceedings against heretics and members of religious minorities. Capital punishments were imposed by crucifixion, beheading with the sword, burning, stoning and other crucial methods of execution. Albeit existing, prisons served only as preventive detention. Prisoners could be released on bail; bribery, however, was also an effective means to escape punishment.

Apostasy and Repentance in Early Medieval Zoroastrianism

“…On the classification of sins in Pahlavi literature, see Šāyist nē šāyist 1.1-2 (Tavadia 1930: 28); Supplementary Texts to Šāyist nē šāyist 11:1-2, 16:1-4 (Kotwal 1969: 22-23, 68-69); Rivāyat of Ādurfarnbay 72 (Anklesaria 1969, vol. II: 81);Jany 2007;and Macuch 2003. 22. Normally, a person who is in a state of grievous sinfulness does not gain religious merit for the good deeds he performs.…”