"Adl va Ensaf" Comparative Law Researches Quarterly
"Adl va Ensaf" Comparative Law Researches Quarterly

A comparative study of the purposes of punishment in Islamic and Western law

Document Type : Original Article

Authors

Seyed Ali Rabbani Mousaviyan 1
zahra bakhshi 2

1 Department of Jurisprudence and Law, Faculty of Literature and Humanities, Islamic Azad University, Islamshahr Branch, Islamshahr, Iran

2 Department of Criminal Law and Criminology, Islamic Azad University, Islamshahr Branch. Islamshahr. IRAN.

https://doi.org/10.22034/aeclr.2020.118096
Abstract
In any society, the legislature, in order to maintain order and maintain social life, has considered punishments that guarantee the implementation of the rules of each society. These punishments have goals. The holy law of Islam and Western law are no exception. In general, there are four goals for all legal or contractual punishments, which are: 1- Punishment 2- Deterrence 3- Rehabilitation 4- Disability
In this article, with a descriptive analytical method, a comparative study of these four objectives in Western and Islamic law has been done. The purpose of this study is to clarify the dark angles of the causes of punishment in the human mind. Provides more
Among the above-mentioned goals, punishment is a retrospective goal that does not pay attention to the future, so it is task-oriented, and the other three goals are forward-looking goals that do not pay attention to the past and are utilitarian. Although according to some, it is not possible to combine these goals in punishments, but it is possible in terms of prioritization and in terms of importance, and this important thing has been achieved by the Shari'a to such an extent that more than any other goal, punishment Society and support for the realization of restorative justice is given priority over other goals.

Keywords

Punishment
Deterrence
Rehabilitation
Disability
Punishment Objectives
Volume 3, Issue 9
Autumn 2020
Pages 51-73

Home

Guide for Authors

Submit Manuscript

Reviewers

Contact Us