Punishment between contemporary criminal policy and Islamic criminal policy

Abstract

Punishment is a vital topic in both contemporary criminal policy and Islamic criminal policy. Both theories reflect philosophical and social approaches to crime and punishment. Policies differ in how they deal with crime. Contemporary criminal policy focuses on the concept of crime as a social phenomenon that requires comprehensive treatment, while Islamic criminal policy focuses on the concept of sin and punishment as a means of spiritual purification. This difference reflects the different philosophies adopted by each policy, leading to fundamental differences in the application of penalties and in the general context. It can be said that punishment between the two policies reflects the challenges of the modern era and the requirements of justice. The aim of the research is to clarify punishment in contemporary criminal policy and in Islamic law by relying on the descriptive analytical comparative approach. The results concluded that the loss of contemporary criminal policy of the essential features that characterize Islamic law is a serious defect that leads to failure to achieve the intended goals and desired objectives. This is evident in the rise in the crime rate year after year. The loss of modern criminal policy of the basic characteristics that characterize Islamic law is considered a serious shortcoming that leads to failure to achieve the desired objectives. This is evident in the increase in the crime rate year after year. Among these shortcomings and defects is the loss of the solid foundation on which it depends. It is like a cut tree that has no stability, which has led to weakness in effectiveness, conflict in presentation, and subsequent invalidation of the previous. Whenever a theory appears, its predecessor is criticized and accused of invalidity, ignorance, and error. The study recommended that adherence to the constants of policy Criminal law in Islamic law, by enforcing the prescribed punishments and implementing retaliation (qisas) in all legislations in Arab and Islamic countries, constitutes a strong fortress, an impregnable barrier, and a sharp sword that eradicates crime. Keywords: origins, punishment, criminal policy, Islam, contemporary states..