Bases of Respect for Human Dignity of Criminals during the Course of Punishment

Under Islam, such punishments as retaliation in kind, cutting off of hand, imprisonment or flagging are provided for such crimes as murder, theft and breach of trust; however, such punishments do not justify humiliation of the perpetrator. That is, the punishment for each criminal act is provided for under sharia and Islamic law and the provided punishment shall be imposed exactly while making sure that the punished person shall by no means be subject to disrespect and humiliation in the course of punishment. This claim is based on the doctrine of respect for the human nature, which is originally rooted in the doctrine of dignity and the doctrine of non-association of the body and dignity of the criminal as well as the doctrine of respect for the Muslims. The proof of such claim requires a study of the evidence supporting the respect for the criminals as a doctrine of Islamic jurisprudence and law, which requires explanation and scrutiny. Given of the Qur’anic principles as well as the opinions of Muslim jurists and scholars, there are sufficient grounds in support of the argument in favor of the respect for the criminal as a law of Islamic jurisprudence, ethics and law. This paper tried to provide proof of the human’s enjoyment of the right to dignity and also to discuss the philosophy of punishment with respect to the doctrine of the respect for the criminal as a doctrine of law.