A Realistic Look at the Philosopy of Punishment in Islamic Law and the Place of Prevention in it

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MIRKHALILI SEYED MAHMOUD; SALEHI ALI; Moosavi Mojab Seyed Doraid

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Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW Year:2019 | Volume:11 | Issue:22 Page(s): 181-210

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Information Journal Paper

Title

A Realistic Look at the Philosopy of Punishment in Islamic Law and the Place of Prevention in it

Author(s)

MIRKHALILI SEYED MAHMOUD | SALEHI ALI | Moosavi Mojab Seyed Doraid | Issue Writer Certificate

Keywords

penalty philosophyQ1

approachesQ1

rehabilitationQ1

preventionQ1

Abstract

One calamity in liberal arts researches is a biased and even prejudiced attitude toward studied issues. The philosophy and reason of using penalty in Islamic laws is an issue not being protected fromsuch kind of attitude and it has even impeded some great penal law authors from a rightconception on Islamic law and its purposes. In common law penal systems, penalty philosophy is based on two main attitudes: teleology and background orientation which represent their own strong arguments and basics in their theories. In contrary, in Islamic penal law, its major difference with common law penal systems is in its emphasis on modification and rehabilitation in this vein, special attention to prevention and even predicting surrounding risks has distinguished this system from other systems so that one can claim if Islamic commands and guidelines are utilized correctly will be no need to implement many determined punishments.

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APA: Copy

MIRKHALILI, SEYED MAHMOUD, SALEHI, ALI, & Moosavi Mojab, Seyed Doraid. (2019). A Realistic Look at the Philosopy of Punishment in Islamic Law and the Place of Prevention in it. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, 11(22 ), 181-210. SID. https://sid.ir/paper/212112/en

Vancouver: Copy

MIRKHALILI SEYED MAHMOUD, SALEHI ALI, Moosavi Mojab Seyed Doraid. A Realistic Look at the Philosopy of Punishment in Islamic Law and the Place of Prevention in it. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW[Internet]. 2019;11(22 ):181-210. Available from: https://sid.ir/paper/212112/en

IEEE: Copy

SEYED MAHMOUD MIRKHALILI, ALI SALEHI, and Seyed Doraid Moosavi Mojab, “A Realistic Look at the Philosopy of Punishment in Islamic Law and the Place of Prevention in it,” JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, vol. 11, no. 22 , pp. 181–210, 2019, [Online]. Available: https://sid.ir/paper/212112/en

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