Punitive Penalties and Punitive Replacement in the Present Era: A Jurisprudential Study

Abstract

Islamic law in dealing with penalties has its own system; it called punishments and retribution, and left the assessment of the rest of the penalties for crimes and sins for which there is no text to assess it to the guardian or his deputy, and it called punitive penalties. In the late twentieth century, some countries of the world tended to adopt modern penalties as part of their criminal policies. This had a clear impact on the debate in judicial and educational circles, which is called punitive alternatives or alternative punishments. There is no doubt that the opinions of the jurists in this regard between supportive of its effect and rejecting - in fight against crime. And some of them said that it is not legal in the first place, and because of the importance of the topic, and the need of society in this time for this topic, scholars should look into this topic seriously. Hence, the idea of ​​the research came, and the research consists of an introduction, four chapters and a conclusion that included the results.