حق السجين في الخلوة الشرعية : دراسة مقارنة بين الفقه الإسلامي و القانون الأردني

Abstract EN

Islamic Jurisprudence recognized numerous rights for the prisoner maintaining his dignity and humanity.

In doing so, it maintains a balance between the legislator’s intentionality in imposing the determent imprisonment and the prisoner’s right to not waste his humanity despite his deserving the legal penalty.

These rights include the prisoner’s right to have legitimate privacy with his spouse inside the prison.

The paper established the legal foundation of this right.

It addressed the objections that might be raised in this regard outweighing the opinion of the General Jurisprudents’ Consensus.

The study offered a comparative discussion between Sharica position and that of the Jordanian Law.