Comparative Study of Physical Punishment in Islamic Law and Common Law

تقسيم العقوبات المادية بين الشريعة الإسلامية والقانون الوضعي

Abstract

Allah (S.W.T) has given solutions to all worldly problems in Islamic Sharīʿah; this is why many crimes are punished through monetary laws. Whatever money is collected through these monetary punishments is deposited in the government’s treasury. This monetary punishment is called gharāmah. According to Islamic jurisprudence penalty plus punishment might be reduced if the accused is a juvenile or mentally unstable or drunk or has committed the crime by mistake, or was asleep or not fully awake or not in his full senses.  Furthermore, some criminals are acquitted just after acceptance and repentance. This paper attempts to study this topic.