Islamic lifestyle with a focus on health

Islamic lifestyle with a focus on health

The Application of Imprisonment in Islamic Sharia with a Protective and Educational Approach

Authors
1 PhD student, Department of Criminal Law and Criminology, Gorgan Branch, Islamic Azad University, Gorgan, Iran
2 Professor, Department of Law, Mazandaran University, Babolsar, Iran
3 Assistant Professor, Department of Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran.
Abstract
Purpose: The purpose of compiling this research is to examine
the use of imprisonment in accordance with Islamic Sharia. In
Islamic Sharia, prison is not considered the main punishment,
but it is used only in exceptional cases to prevent possible
losses caused by crime to the society.
Materials and Methods: Due to the importance of this issue,
this research was done in a descriptive-analytical way.
Findings: The findings indicate that punishments in Islamic
Sharia never exceed the amount of necessity and need to
ensure the welfare of the society. The function of
imprisonment as a means of keeping the danger away for some
people is quite evident in the Islamic jurisprudence system,
although the reformative approach to criminals is more
symbolic in it. According to the majority of jurists,
imprisonment can be used only in four cases. First, the person
who held a person and the other person killed him, secondly,
the person who stole for the third time and was charged twice,
thirdly, the person who ordered the murder of another person
and killed his agent, and fourthly. An apostate woman if she
does not repent of her apostasy. The similarity of these
punishments is their eternal imprisonment.
Conclusion: The purpose of imprisonment in Islamic law is to
reform people, prevent them from committing sins and crimes,
and motivate them to obey God and obey the law.
Keywords