The Provisions of The Disciplinary Punishment in Islamic Law

Year: 
2003
Discussion Committee: 
Supervisors: 
Dr. Ameer Abd Al-Aziz
Authors: 
Hanan Abed Al-Rahman Rezeq Allah Abu Mokh
Abstract: 
This research aims at studying punishment rules widely and practically and clarifying the truth of legal punishment by returning to the original source of these rules step by step with explaining the legal rules of same aspects of injustice committed under the name of legal punishment, and at the same time showing out the defect that came upon the society as a result of going astray from god's rules which soars high above all legislation's because it specialize in mercy , justice and compromise in an attempt to pass through from theory to application. The thesis consists of a primary chapter followed by four chapters and a conclusion one as follows : The Primary Chapter: I Showed out the concept of punishment and the wisdom of its legality, then I cornered the subject of the variety of punishment then I distinguishing between punishment and centre and this is different from what is considered that centre is the same as punishment or a part of it . I insisted that punishment is an independent part standing alone . Chapter One: In it , I justified the legality of punishment and showed out the concept of punishment which I mean, where I differentiated between punishment and culture , Then I mentioned those who are qualified to carry out punishment and at the same time showing the means of punishment in Islamic legislation . The Second Chapter : It is considered the practical side of the study , where I chose three patterns and studied them widely, namely: firstly the wife , secondly : the kids, thirdly : the pupils and students. The Third Chapter : In this chapter I showed out the restrictions of the use of punishment as a means of disciplining by means of the commentment of the kind and degree of punishment as it is defined by Islamic legislation and the wisdom of carrying out punishment on condition that it shouldn't go away from justice and mercy test it would be a means of vengeance and causing damage . The Fourth Chapter : In this chapter I explained the responsibility of those who carry out the punishment towards those who are punished , and if any damage happens as a result of using extreme means in punishment and using this right in a way different from what it was legislated or not complying with the lagal restrictions . Then I ended the thesis with an explanation of the results and recommendations .
Pages Count: 
253
Status: 
Published