Restrictions on Freedom as a Kind of Punishment in Islamic Criminal Jurispurdence


The work of jurisprudence of the greatest works, and the best spent in the precious times, as it is known halal and haram, and border and statutes are established, and Islamic jurisprudence - with its various sects - has been and continues to keep pace with the lives of Muslims in all their affairs, social, economic, political and living, and the scholars and imams The flags of the lamps of the Dja, and the sun of darkness, spread the religion of God, and explained the doctrine of Islam, and these imams were - and are still - the campaign of the true Sharia, about him Dhedin, and his speakers, and his teachings are working, and to God Almighty.Perhaps the easiest thing that we can provide to serve this great immortal legacy, is to roll up seriously to study some of its issues, and urge sincere efforts to discuss some of the issues that raise the thumb and shapes of some of the components of our great Islamic jurisprudence, may be of benefit to learners, and benefit from them Students of knowledge.Perhaps the investigation of criminal jurisprudence of the detective and important at the same time, as it has a direct contact with the individual, and because it is closely associated with his daily life, and in order to be the one who received the honor to contribute to the service of this timeless jurisprudence, I chose to spend my task to discuss aspects of jurisprudence Islamic criminal law, to be the subject of this modest study, I was interrupted by some aspects of reinforcing penalties, which is to strengthen the freedom of the offender, as it is known that the ta'zir is of various kinds, including physical penalties, including financial penalties, and penalties restricting freedom, Other freedom of movement I have studied the other types of reinforcing penalties. My purpose is to deal with two basic punishments under the name of a restrictive penalty: imprisonment and alienation or exile, which the scholars considered in their books as a reinforcing punishment. The title of this study should be:Restriction of freedom as a reinforcing punishment in Islamic criminal jurisprudenceThen I thought that the research plan should be divided into an introduction, three topics and a conclusion.As for the introduction, this has dealt with the importance of the study of jurisprudence and optional reason for this topic.The first topic made him address the concept of ta'zir, imprisonment and the legal details of the penalty of restricting freedom.The second topic made him deal with the sentences of imprisonment as a restrictive punishment for freedom.The third topic made him to deal with Westernization and deportation as a restrictive punishment for freedom.Then I concluded in the conclusion the most important findings in the search of the results.I hope that I will find in the chest of those who read this work what intercedes for me if there is a defect, and I can only repeat:If you find a defect, fill the imbalance, it is the fault of those who have nothing wrong with itOh God, this effort frankly, and the shortcomings or malfunctions, it is from myself and the devil, and what was the full and good, it is thanks to God Almighty and good conciliation, and it is only responsible to benefit him, and written acceptance, and circulates the benefits.And peace and blessings be upon our master and Prophet and our beloved Muhammad Sadiq faithful, and on his good God, and his companions Ghajar Almiamin, and those who follow them with charity until the day of religion, and praise be to Allah, Lord of the Worlds.