المفاهيم الحديثة في العقوبات البديلة عن للأحكام التعزيرية

Abstract EN

this study focused on alternative penalties for the Tazir rulings not authorized by the lawgiver and proving that it is sharia rulings, not a part of an opposite-sharia Secular law.The study also explained its concept, importance, limitations, and benefits, with identifying the corollaries maxims and the challenges preventing its implementation.

Moreover, the study provided examples with identifying the relation between it and Tazir.

Results: 1- Based on the world current situation and that facts that have been proved by science concerning its great importance in archiving social stability, spreading peace, human rights, family cohesion, and national development, and its positive effect on the perpetrator and his purity from abuse and physical and psychological pains.

2- Alternative penalties are limited to Tazir, for which there is no sharia text determining the proper penalties.

3- Alternative penalties are characterized by: punching an perpetrator, giving a wide space for a judge to find the proper penalty for a crime or exchanging it with another.

Recommendations: 1- Raising the social awareness of alternative penalties importance, through organizing different courses and programs.

2- Asking for generalizing Taazir and Alternatives to imprisonment, in order to protect society and achieving the sharia objectives.