Demand of Collective Punishment, Hindrances and Prospects in the Light Of Islamic Law

  • Sajjad Hussain Ph.D Scholar (Islamic Theology) Islamia College Peshawar
  • Dr. Muhammad Ajmal Farooq Lecturer IRI, International Islamic University Islamabad
Keywords : Islamic Laws, Punishments, ḥudūd, Ta‘zīr Offence Deterrence, State of Madina, Social Uplift

Abstract

This paper intends to assess the demand of collective sentence and punishment in public for deterrence and discouragement of crime in the society. Either Fixed punishment (ḥadd)or discretionary (ta‘zīr) etc. in Islamic law, sentence is based upon divine revelation, thoughts and juristic opinions of scholars. Thus the philosophy of punishment revolves around the individual and collective protection and decency of human life and society. This paper analytically judges the various aspects of collective punishment requited for the rectification of criminal’s activities and its effect on peaceful living considering Islamic republic of Pakistan and Islamization of laws and implementations of Shariah ordains. This paper finds that application of (ḥudūd) in the light of Prophetic Sīrah and Islamic history leaving positive impressions upon human living styles. Shariah ordains regarding punishments and its philosophies for deterrence is imperative to have a constructive impact on communal life and social uplift of country .As the claim to adopt the concept of State of Madina has been announced in the Pakistan. So, Government have to take initiative for the implementations of Islamic principles in true letter and spirit and making necessary action to get arranged the sources for nation making them ready to understand the Shariah ordains and its philosophies.

Published
2020-11-04
How to Cite
HUSSAIN, Sajjad; FAROOQ, Dr. Muhammad Ajmal. Demand of Collective Punishment, Hindrances and Prospects in the Light Of Islamic Law. Journal of Religious Studies, [S.l.], v. 4, n. 01, p. 41-61, nov. 2020. ISSN 2663-0206. Available at: <http://jrs.uoch.edu.pk/index.php/journal3/article/view/247>. Date accessed: 23 nov. 2020. doi: https://doi.org/10.33195/journal.v4i01.247.