Punishment In Law And Sharia

Doi:https://doi.org/10.37940/JRLS.2023.4.2.7

Abstract

The study examined the purposes of punishment and how efforts were made to define them through different schools and theories. Among the schools were those, such as the traditional school, who considered general deterrence as the primary goal of punishment, and among them were those who considered special deterrence as the primary goal of punishment, such as the positivist school, as well as achieving justice as one of the goals of punishment, since it is not justice to let the criminals do whatever they want while society and the law are unable to punish him for his harmful actions to society. We believe that if the goals of the law are to achieve justice and general and specific deterrence, then the Islamic Sharia preceded the ideas of scholars and schools in achieving the purposes of punishment. Justice is a primary goal that Islamic Sharia always seeks to achieve, in addition to the purpose of general deterrence which daunts whoever would commit a crime with the punishment expected for him. Also, specific deterrence in Islamic law means preventive treatment, as a mercy from God toward His servants, and the punishment is proportional to the crime committed. If the punishment is applied on him, society must help him without standing against him and alienating him. When he seeks for an honorable job, people must stay helping him, not against him, this it conditioned of good conduct of the person, which who desires an honorable life after a crime he committed. In addition, Islamic law seeks to compensate to the victim as well as achieving its goals.