Punishment by imprisonment: its reality and ruling

Document Type : Original Article

Author

Assistant Professor in the Department of Comparative Jurisprudence - Higher Judicial Institute Imam Muhammad bin Saud Islamic University - Kingdom of Saudi Arabia

Abstract

The legal punishments for sins and violations vary. Some of them have been determined and specified in Islamic law, so there is no room for amending or changing the amount of the punishment, as is the case with legal limits such as adultery or theft. Some of the legal punishments are estimated by the judge, who is the deputy of the ruler in disciplining the disobedient and the transgressors. This is what the jurists, may God have mercy on them, call ta’zir, which has established rulings and controls. This research aims to clarify a well-known and widespread type of ta’zir, which is ta’zir by imprisonment. It has established its reality and nature, then the origin of its legitimacy, providing evidence for that from the reliable evidence from the Qur’an and Sunnah and the actions of the Companions, may God be pleased with them, through the texts of the jurists in the four famous schools of thought spread among Muslims. Praise be to God first and last, outwardly and inwardly.

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The bulletin of the Faculty of Islamic and Arabic Studies for Girls in Alexandria
Volume 41, Issue 4 - Serial Number 4
First Issue (March)
March 2025
Pages 2961-2996

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