%0 Journal Article
%T Imprisonment Discretionary
%A OMAR AL ALI
%J -
%D 2018
%X Allah Almighty has enjoined and decreed the Discretionary Punishment (the Punishment that is not appointed) on the offender regarding the sin which is not having a prescribed punishment (bound set by Allah) or a religious expiation and made the Discretionary Punishment a remedy to many society's issues and dilemmas The purpose of the Islamic Law (Sharia) from imposing the Discretionary Punishment is the deterrence, reform, rehabilitation and correction. Therefore, the intention of who will perform the Discretionary Punishment must be free of retaliation and desires of revenge. One of the most famous and effective Discretionary Punishments is the imprisonment, because it includes the restriction of freedom, and this represents a grievous punishment for the sinner and a deterrent to him from the commission of sins, accompanied at the same time by the preservation of his human dignity.The prison is known to former nations such as Arabs, Turks, Persians Romans, etc. and there is no precise date is known for the first prison in the world Islam has acknowledged the Discretionary Punishment by the imprisonment for many cases including: non-payment the debt, the availability of charge or accusation, and chastisement of the sinner until he returns from his transgression. There is no limit to the minimum or maximum duration of imprisonment, where it may not last more than an hour and may last a lifetime; therefore, the Islamic jurists have addressed and touched in detail the durations of the imprisonment in accordance with each case
%K Hapis
%K Ta¡¯zir
%K Su£¿
%K £¿tham
%K Masiyet
%U http://dergipark.org.tr/tiad/issue/36033/409970