القواعد الفقهية المؤثرة في بدائل العقوبات السالبة للحرية

Abstract EN

The present research deals with the employment of the jurisprudential rules affecting alternative penalties depriving freedom, which would control the authority of the judge in the imposition of the discretionary punishment appropriate to the time, place, and people.

Such rules would achieve the goal of legislation, deter the perpetrator, rebuke others who might be thinking about committing crimes that undermine the security and stability of societies, and safeguard people's lives, families, and money.

The research concluded with a statement that the Islamic Shariʿah has expanded the judge's options for enacting discretionary punishments, and did not limit the judge's jurisprudence to a specific punishment.

In addition, if it becomes evident to the judge, through his study of the rule of harm and its ranks and other jurisprudential rules, that the prison sentence has more harm than the harm resulting from the crime, he must opt for alternatives with less or no harm.