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Conceptualization of the Penology System under Islamic Criminal Law
Author(s) -
Muhammad Safdar,
Rashida Zahoor,
Khurram Baig,
Rao Imran Habib
Publication year - 2021
Publication title -
journal of law and social studies
Language(s) - English
Resource type - Journals
eISSN - 2709-6270
pISSN - 2709-2283
DOI - 10.52279/jlss.03.02.8792
Subject(s) - islam , culpability , law , penology , criminal law , punishment (psychology) , political science , deterrence (psychology) , sharia , criminology , stipulation , sociology , prison , psychology , social psychology , philosophy , theology
Islam propounds a culture where everybody follows the rules. Islam aims to preserve peace and tranquillity within the society and thus takes all required legal action to ensure the community against disruptive elements. The notion of retribution in Islam is not the primary law of Islam. They are only imposed as a requirement or series and a vindication of the primary structure of Islamic society. Criminal activity within the revered Islamic order of society is not condoned. Islam aims to change the world by changing its human adherents. Shariah law is focused on the individual rights of persons, but those rights only exist within a framework that stresses the rights of other people. Islam is not against the relative culpability of offenders and how circumstances regulate illegal conduct. Islam is the only religion where its laws and regulations are enforced according to a particular set of laws and regulations. Islam uses a system of proportional punishment. Islamic punishments are entirely justified because Islam takes complete steps to deter crime and inculcates offenders' moral conduct. The Islamic Criminal law has accepted several crimes by offering deterrence, reformative, retaliate and other kinds of punishments to uphold harmony in the community and rehabilitate the offenders. This paper focuses on the Islamic penology and the concept of crime and their punishment and explores its social, historical, and current value

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