International Journal of Advanced Academic Studies
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International Journal of Advanced Academic Studies

2020, Vol. 2, Issue 4, Part C

Injunction of imprisonment punishment in Fiqah and law


Author(s): Mohammad Hakam Shariati, Sadiqullah Maiwandwal and Said Haiatullah Haidari

Abstract: In jurisprudence and law, the imprisonment (Hubas) punishment injunction is recognized one of the most important issues as compared to Fiqah cases numbers among Fiqah’s scholars. There are different theories about Hubas punishment injunction. The theories difference resulted in some misconception, misunderstanding, mis-constitution and ambiguity in the societies. In order to reduce the theoretical difference or eradicate distance among the theories, the study conducted to find an appropriate solution for this problem. The goal of the study was to clarify Islamic injunction and verdict of the Hubas punishment. The study was expected to find a clear and appropriate answer in accordance to the society existing state. As the result of the study, it was found that all the Islamic jurisprudence unities agree in their opinion that the imprisonment is a legitimate practice and it is deeply discussed in the context of Fiqah especially in Qaza and Aflas parts. Based on the study, it can be concluded that sometime Hubas punishment is mandatory because it protects the rights. Thus, updated and applied constitutions also agree with Islamic Fiqah on imprisonment punishment and it has been recognized as a solution for various legal problems of the modern time.

Pages: 157-161 | Views: 20 | Downloads: 13

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How to cite this article:
Mohammad Hakam Shariati, Sadiqullah Maiwandwal, Said Haiatullah Haidari. Injunction of imprisonment punishment in Fiqah and law. Int J Adv Acad Stud 2020;2(4):157-161.
International Journal of Advanced Academic Studies