The political legitimacy of "imprisonment" with emphasis on the Islamic legal system

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Document Type : scientific

Authors

Department of Law, Hamedan Branch, Islamic Azad University, Hamedan, Iran.

Abstract

Abstract
An important issue in the field of punishment, both in substantive law and in Islamic law, is the philosophical discussion of "justification of punishment". In addition to the normative moral justification of punishment, its political justification is also considered, which is called political legitimacy. In criminal law, the question arises regarding the punishment of imprisonment, which is the reason and argument that the government uses to punish citizens, and what is the origin and source of this punishment? By examining criminal jurisprudence and referring to verses and narrations, in Islam, imprisonment is not foreseen as a punishment along with other punishments and does not have a divine origin. In Islam, imprisonment and prison do not have a special status and are used as a precautionary measure without having a criminal aspect. Although some jurists, citing narrations and verses about imprisonment, consider it legitimate and consider it as a religious punishment

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Main Subjects

Criminal Law Doctrines

Articles in Press, Accepted Manuscript
Available Online from 16 September 2025

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