The conceptual rooting of penalties and the methods of their implementation in the Abbasid era in Iraq (334-656 AH/945-1258 AD)

Abstract

     This study aims to shed light on the terminology of punishment by tracing its linguistic origins and its meanings in legal and technical usage, where it appears in various forms to denote the concept of penalty and retribution. Punishments are among the matters acknowledged and regulated by Islam, whether severe or lenient, depending on the nature of the crime and the extent of its harm to the individual and society. Islamic law considers an act a crime if it involves an infringement upon the fundamental interests recognized and established by the Sharia, as evidenced by the texts of the Holy Qur’an and the noble Prophetic Sunnah. Accordingly, the prescribed punishment for such a crime serves a fundamental purpose: the protection and preservation of these essential interests from violation. It is also observed that the system of punishments in Islam is not based on mere severity or harshness; rather, it is aligned with the principle of justice and seeks to achieve a balance between deterrence and reform, thereby contributing to social stability. The rules established by Islam to regulate crime and punishment are grounded in the principle of promoting benefits and preventing harm, which reflects the higher objectives of Islamic law in safeguarding religion, life, intellect, property, and honor. Thus, the prescribed punishments are proportionate to the needs of society, serve its interests, and ensure the continuity of public order and social justice.