العقوبة الإدارية كبديل للعقوبة السالبة للحرية في النظام الوضعي و الإسلامي

Abstract EN

Administrative reform is one of the most important alternatives to short – term imprisonment in the contemporary punitive policy, given the problems resulting from the judicial application that takes the personal freedom, which has often led to the inability to achieve the reform purpose of this punishment, especially as it is considered the basic criminal sanction on which the current punitive policy of many countries is confronted the criminal phenomenon.

in contrast, many jurisprudential tests in the punitive policy of Islamic law emphasize the Implementation of the system of administrative punishment, where the judge and the impartial side by side in the fight against crime despite the fact that the system of accounting is of an administrative nature, which made the accountant only in his work to impose administrative punishment exclusively of penalties.