Feasibility of limited use of imprisonment in accordance with Islamic Sharia
The purpose of compiling this research is to examine the possibility of limited application of imprisonment in accordance with Islamic Sharia. Due to the ineffectiveness of prison punishment in reforming and rehabilitating prisoners, as well as due to the resulting injuries that have caused an increase in the criminal population of prisons, the officials of the criminal justice system have decided to limit the use of punishment as much as possible. This is despite the fact that Islamic Sharia has recognized the ineffectiveness of prison from the beginning and in religious thought, imprisonment is not considered as the main punishment and as one of the examples of tazeer, it is a protective and educational measure and has the aspect of correction, deterrence and prevention of crime. The cases where prison has been used as a punishment have been brought up as a necessity and are basically incompatible with the logic of Islam, which tries to educate the people of the society. The current research method is descriptive-analytical, which has studied the examples of imprisonment in Shari'ah and its approach to reducing the use of imprisonment by studying books and articles. The results show that after the victory of the Islamic revolution, most of Iran's laws were taken from Imamiyyah jurisprudence, but regarding the use of prison punishment, the link of the legislator with Islamic law and Anwar's Sharia has been broken, because in the penal policy of Islam, which is manifested as a part of jurisprudence does.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.