The Policy of Criminalization and Punishment in Islamic Law

Abstract

Study Abstract: The policy of criminalization and punishment in Islamic law is based on the foundations established in its primary sources, the Holy Qur'an and the Sunnah. The observer will find that the policy of criminalization and punishment in Islamic law is characterized by stability in the principles, foundations, and principles of criminal justice, as well as flexibility and change in branches and developments, depending on changing interests, circumstances, places, and times surrounding Sharia criminal policy. The criminalization and punishment policy pursued by Islamic law is characterized by essential characteristics that primarily aim to emphasize its comprehensiveness and superiority over other legislation, whether divine or secular. The most important of these characteristics is embodied in the gradual nature of legislative policy in Islamic law, on the one hand, and its restriction to generalities rather than particulars, and generalities rather than specifics.

The study concluded the following important findings:

Legislative, regulatory, and judicial authorities must pay special attention to strengthening the foundations of criminalization and punishment policy by regulating and codifying crimes and punishments, in accordance with the criminal policy in Islamic law.

Reviewing the criminalization and punishment policy in Islamic and Arab countries, by applying the interest-protecting criminalization and punishment policy to the criminal policy in Islamic law.