المراقبة الإلكترونية باستعمال السوار الإلكتروني بديلا عن عقوبة السجن من منظور الفقه الإسلامي

الملخص EN

This research entitled: "Electronic monitoring using the electronic bracelet as an alternative to imprisonment from the perspective of Islamic jurisprudence", It deals with the in-depth analytical study of a contemporary issue badly needed by many countries, which is electronic monitoring through a bracelet placed on the wrist of the accused or the courts that monitors his movements and sends them via vibrations to a specialized monitoring body that follows him to prevent him from returning to the crime and its causes, This is through talking about the definition of electronic monitoring, and the justifications for using this system, as well as talking about the implications of its use, and the Sharia ruling in it.

The researcher concluded that it is permissible to deal with the electronic monitoring system if the guardian sees the interest in using it, based on the discretionary power that Islamic law has granted to parents, according to controls that must be adhered to, the most important of which are: preserving the subject's health, preserving personal freedom, and not attacking On the prohibitions, not to abuse the right.

In order to achieve the goal of the research, the researcher used the descriptive and analytical approach by describing electronic monitoring, explaining its justifications, conditions and effects, and analyzing its nature to determine its Sharia ruling based on that.