Alternative Punishments to Imprisonment in the Light of the Principle of Dignity and Human Personality with Emphasis on Fiqh of Imamiyya

By paying attention to the basic rules governing punishments, it can be easily understood that Islam, according to the interests of society, has also paid special attention to the personality of the criminal on the basis of dignity. In the present study, we seek to answer the question of what role the principle of human dignity plays in the application of alternative punishments to imprisonment.

This research is of theoretical type. The research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The challenges of imprisonment for the human persons are not only in terms of its nature and conflict with the right to liberty that precedes the principle of human dignity. Moreover, there are various consequences for the punishment of imprisonment, and these consequences themselves can provide the basis for violating human dignity.

Given that the inherent dignity of man cannot be taken away, its effects and consequences, including human freedoms, can not be taken away. To put it simply: deprivation of human liberty, even in relation to punishment, is exceptional and unprincipled. Consequently, in order to impose punishment in cases where the Shariah has not determined the punishment of imprisonment explicitly and in the form of "hudud", it seems that judges should apply alternative punishments to imprisonment, taking into account the principle of dignity and respect for human personality.