Philosophical Aspects of Punishment in Islamic Criminal Law

Md. Ahteshamul Haque

Abstract: This paper explores at the philosophical aspects of punishment within the framework of Islamic criminal law. The aim of Islamic criminal law is to ensure that no one desires to commit a crime. As a result, Islamic criminal law serves as both a preventive and a curative measure. The severity of Islamic criminal punishment as outlined in the Quran and Sunnah, such as amputation of limbs, stoning to death, and the death penalty, has been criticized. However, in fact, society gives less attention to the more positive and judicious aspects of punishments, such as reconciliation, forgiveness, and the use of alternative punishments that aim to foster an amicable resolution between offenders and victims as opposed to resorting to physical punishment. The purpose of this article is to provide information about Islamic criminal law's idea and goals regarding punishments, which specifically focuses on the philosophical issues covered by the Quran and the Sunnah.

Keywords: Islamic Criminal Law, Philosophical Aspects, Crime, Punishment, Islam.

Title: Philosophical Aspects of Punishment in Islamic Criminal Law

Author: Md. Ahteshamul Haque

International Journal of Social Science and Humanities Research 

ISSN 2348-3156 (Print), ISSN 2348-3164 (online)

Vol. 12, Issue 1, January 2024 - March 2024

Page No: 220-231

Research Publish Journals

Website: www.researchpublish.com

Published Date: 08-March-2024

DOI: https://doi.org/10.5281/zenodo.10797000

Vol. 12, Issue 1, January 2024 - March 2024

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Philosophical Aspects of Punishment in Islamic Criminal Law by Md. Ahteshamul Haque