مجلة البحوث العلمية والدراسات الإسلامية
Volume 16, Numéro 3, Pages 37-64
2024-09-30
The Extent Of Legitimacy Of Punishment For The Public Interest - A Comparative Teleological Study Between Sharia And Law –
Authors : Boulouh Farida .
Abstract
This research primarily revolves around the legitimacy of imposing punishment, whether in Islamic Sharia or positive law, with the motive behind it being the protection of public interest. It can be asserted that public interest has become a legitimate objective that must be preserved, and thus, in certain circumstances, individuals may need to sacrifice or waive their rights for it. This study delves into the content through analysis and study via two sections: the first is dedicated to conceptual study, such as the linguistic, Sharia, and legal concepts of punishment, the distinction between Sharia and positive punishment, the types of punishment in Sharia and legal jurisprudence, as well as the linguistic, legal, and Sharia concepts of public interest. The second section elucidates the imposition of Sharia and positive punishment for the sake of protecting public interest, represented by some incidents from the actions of the Prophet Muhammad, peace be upon him, and the actions of the Companions, may Allah be pleased with them, wherever possible, along with examples from positive law illustrating this noble punitive purpose.
Keywords
Sharia punishment ; Positive punishment ; Public interest ; Sharia objective ; Islamic legislation
Les articles similaires
بوسالم أحلام
.
عابد يوسف
.
ص 117-132.
Yahia Zeghoudi
.
pages 74-88.
Said Houari Amel
.
pages 257-268.
Khaldi Souad
.
pages 165-186.
Souad Khaldi
.
pages 316-346.
