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A Comparative Analysis of Punishments Awarded in Islamic Legal System and Western Legal System

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Author Affiliations

  • 1Department of Law Abdul Wali Khan University Mardan, PAKISTAN
  • 2 Department of Shariah and Law, International Islamic University Islamabad, PAKISTAN

Int. Res. J. Social Sci., Volume 3, Issue (11), Pages 51-54, November,14 (2014)

Abstract

When the authority imposes something disobliging upon a person due to his unacceptable behaviour to that authority is known as punishment. Different theories of criminal behaviour or criminality have suggested justifications for imposition of punishment. The justifications for punishment are deterrence, incapacitation, retribution, or rehabilitation. The object of punishment in all legal systems is the prevention of crime in order to provide a cleaner society. However, there is remarkable difference between Islamic legal system and western legal system in imposition of punishments. The encounter between the two legal systems shows that Islamic law have certain unique features that have increased its effectives in achieving its goals as compare to its western counterpart.

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