التخريج الفقهي للعقوبة البديلة عن السجن (على ضوء القواعد و الضوابط الفقهية)‎

الملخص EN

Islamic law is not intended to punish in principle, but seek to prevent it before it happens.

The prison sentence in Islamic law is secondary and can only be punished by minor offenses, contrary to the penal policy which has made it a fundamental punishment and failed to obtain private and public deterrence with.

This led to the emergence of a trend calling for the need to find alternatives to sanctions for freedom.

It was confirmed by this search that disciplinary sanction )Al-Ta'azir( is a broad gateway to activate them, given the practical reality, the prison sentence became a punishment (Ta'aziriya) taking the forefront in many sins and offenses.

And that a set of rules and jurisprudential principles have been found appropriate for rooting these alternative sentences.