عقوبة التعدي على الأنفس وأثرهافي استتباب الأمن

(دراسة تحليلية في ضوء السنة النبوية)

Abstract

This research work depicts the importance of implementing those punishment Islam prescribed against physical injury. Those punishments which involve physical injuries are mainly focused.

After establishing the validity of Islamic punishments, the writer has elaborated the punishment of those who kill or cause injuries to others unintentionally.

Considering the sensitivity of legal retribution Muslim jurists have set forth certain conditions which must be met before decreeing any capital punishment.

According the writer Islamic punishments hold the features of all contemporary theories namely; deterrent, preventive, retributive or reformative etc.

This work has addressed the following questions:

How much importance does Islam give to peace and order?

How for Islamic penalties play a role in keeping peace in a society?

How Islam has a different perspective as compared to secular schools of punishments?

What conditions Islam prescribes for implementation of any punishment?

How Islam distinguishes between a deliberate killing and killing by mistake?

What are the conditions of implementing legal retribution?

What is the overall impact of an Islamic punishment?

Relying upon quantitative method the writer attempts to elucidate on those propositions which were not clear otherwise. He relied upon those texts only which were authentic and unambiguous.  Each topic is discussed in the light of different Islamic schools of thought. The researcher has added his own opinion as well where it is necessary to illuminate the subject.