العقوبات البديلة بين أحكام التشريع الجنائي الإسلامي و التشريع الجنائي الجزائري

Abstract EN

Given the negative effects of freedom-depriving penalties and the serious disadvantages that result from their application, this necessitated a review of many of the penalties that, by their nature or manner of implementation, contributed to an increase in the number of crimes and criminals, which in turn was reflected in the penal system as a whole.

Therefore, most legislation tended to include Multiple and varied alternative penalties that work to eliminate the negative aspects of imprisonment, and achieve the goals of the punishment represented in reforming the offender, taking into account the existence of balance and proportionality between the evolving and changing values and interests within society on the one hand, and individual rights and freedoms on the other.

This research paper aims to shed light on the alternative punishments in Islamic criminal legislation and to indicate the areas of their superiority, especially in the sanctions that have no legal text in assessing their punishment, and to show the weakness and futility of the Algerian criminal legislation in combating the phenomenon of crime, even if it appears on the surface that it is more modern, humane or just.

In view of the negative effects of freedom-depriving penalties and the serious disadvantages that are reflected on society and on the convict, this necessitated a review of many penalties that, by their nature or method of implementation, contributed to the increase in the number of crimes and criminals, which in turn was reflected in the penal system as a whole.

To include multiple and diverse alternative penalties that work to achieve the objectives of the penalty in order to reform the offender, taking into account the existence of balance and proportionality between the evolving and changing values and interests within society on the one hand, and individual rights and freedoms on the other hand.

This research paper aims to shed light on the alternative punishments in Islamic criminal legislation and to indicate the areas of their superiority, especially in the sanctions that have no legal text in assessing their punishment, and to show the weakness and futility of the Algerian criminal legislation in combating the phenomenon of crime, even if it appears on the surface that it is more modern, humane or just.