العقوبات السالبة للحرية في الفقه الإسلامي : دراسة فقهية مقارنة

Abstract EN

One of the greatest blessings of God Almighty upon the Islamic nation is that He legislated this true religion for it, and made it righteous and reconciled for every time and place until God wills.

So that scholars find in it by their ijtihad through evidence, general rules and purposes, a ruling for all emerging issues, so that people in every era and Egypt remain insightful about their affairs, and the rulings that scholars deduced in it are flexible and able to adapt to issues in every era.

The eternal heavenly legislation and man-made human laws have given great care to punishments because of their great importance in the lives of peoples and nations to curb crimes - in their forms and types - in order to preserve their lives from loss, their honor from violation, and their money and property from loss and theft, and to prevent their occurrence, and to cut their tracks.

To deter the perpetrators who are tampering with the fate of these nations and peoples and disturbing the peace of societies by following illegal vice in order to satisfy their wild whims, stray desires and despicable aims without any scruple or self-deterrent.

Deterring crime was not the only desired goal in the legislation of punishment, but it also aimed at a higher and more distant goal, which is to reform the criminal himself, to be a good individual and a useful element in building nations and building the land for which life was endowed to him.

The research dealt with the meaning of punishment in general, its legitimacy and types.

And also talk about the original penalties in Islamic law and the purposes of Islamic law in penalties.

And modern penalties for major crimes.

And the effects of penalties in Islamic law.

She also talked about the jurisprudential rulings related to financial penalties.

It showed the alternative penalties in Islamic jurisprudence (punishment of punishment by taking money or imprisonment) and talked about some forms of punishments depriving freedom in Islamic jurisprudence (imprisonment punishment as one of the forms of penalties depriving freedom and the position of Islamic jurisprudence on this punishment and the punishment of punishment by taking money - financial fine - as one of the forms Penalties in Islamic jurisprudence and the opinions of jurists in the financial fine or reprimand by taking money.

) The conclusion included the most important findings and recommendations.