International
 
Research
 
Journal
 
of
 
Social
 
Sciences___________________________________
_
_
 
ISSN
 
2319
–
3565
 
Vol.
 
3
(
11
),
 
5
1
-
5
4
,
 
November
 
(2014)
 
I
nt.
 
Res.
 
J.
 
Social
 
Sci.
 
 
 
International
 
Science
 
Congress
 
Association
 
 
 
 
 
 
 
 
 
 
   
51
 
A
 
Comparative
 
Analysis
 
of
 
Punishments
 
Awarded
 
in
 
Islamic
 
Legal
 
System
 
and
 
Western
 
Legal
 
System
 
Muhammad
 
Waqas
1
 
and
 
Humdia
 
Qaiser
2
 
1
Department
 
of
 
Law
 
Abdul
 
Wali
 
Khan
 
University
 
Mardan,
 
PAKISTAN
 
2
Department
 
of
 
Shariah
 
and
 
Law,
 
International
 
Islamic
 
University
 
Islamabad,
 
PAKISTAN
 
Available
 
online
 
at:
 
www.isca.in
,
 
www.isca.me
 
Received
 
6
th
  
August 
201
4
,
 
revised
 
20
th
 
October
 
201
4
,
 
accepted
 
9
th
 
November
 
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
 
diffe
rence
 
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.
 
 
Keywords:
 
Punishment,
 
theories
 
of
 
punishment,
 
object
 
of
 
punishment,
 
Islamic
 
legal
 
system,
 
western
 
legal
 
system
.
 
 
Introduction
 
The
 
unwanted
 
and
 
unpleasant
 
imposition
 
of
 
something
 
upon
 
a
 
person
 
or
 
group
 
of
 
persons
 
by
 
a
 
competent
 
authority
 
because
 
of
 
their
 
unacceptable
 
behaviour
 
to
 
the
 
authority
 
is
 
known
 
as
 
punishment
1
.
 
There
 
must
 
be
 
an
 
authority
 
behind
 
the
 
imposition
 
of
 
punishment.
 
Inflicting
 
something
 
upon
 
a
 
person
 
without
 
competent
 
authority
 
is
 
not
 
punishment.
 
It
 
may
 
be
 
either
 
revenge
 
or
 
something
 
else.
 
 
All
 
the
 
schools
 
of
 
thought
 
provide
 
justifications
 
for
 
punishment.
 
The
 
basic
 
concepts
 
for
 
the
 
justification
 
of
 
punishment
 
are
 
retribution,
  
which
 
is
 
the
 
equal
 
requital
 
for
 
the
 
harm
 
caused,
 
the
 
deterrence
 
to
 
prevent
 
others
 
to
 
commit
 
the
 
same
 
harmful
 
acts,
 
the
 
rehabilitation
 
and
 
the
 
incapacitation
 
of
 
the
 
wrongdoer
 
from
 
committing
 
the
 
same
 
crime
 
again.
 
These
 
justifications
 
are
 
provided
 
by
 
different
 
law
 
schools
 
with
 
a
 
different
 
approach
 
for
 
achieving
 
the
 
same
 
desired
 
objectives.
 
For
 
example
 
the
 
incapacitation,
 
in
 
western
 
law
 
includes
 
the
 
imprisonment
 
or
 
isolation
 
of
 
the
 
victim
 
while
 
in
 
the
 
Islamic
 
law
 
the
 
removal
 
of
 
hand
 
in
 
cases
 
of
 
theft,
 
have
 
the
 
objective
 
to
 
make
 
the
 
wrongdoer
 
incapable
 
of
 
committing
 
the
 
crime
 
again
2
.
 
 
However
 
the
 
Islamic
 
law
 
and
 
the
 
western
 
law
 
schools
 
are
 
not
 
always
 
at
 
the
 
same
 
page
 
regarding
 
the
 
object
 
of
 
punishment.
 
They
 
may
 
vary
 
and
 
thus
 
produces
 
contrasting
 
effects
 
on
 
the
 
society.
 
 
Punishments
 
are
 
justified
 
by
 
four
 
main
 
objects
 
namely:
 
i.
 
Retribution,
 
which
 
is
 
the
 
equal
 
requital
 
for
 
the
 
injured
 
party,
 
ii.
 
Deterrence
 
for
 
other
 
ill
-
minded
 
people
 
from
 
committing
 
crimes,
 
iii.
 
Rehabilitation
 
and
 
iv.
 
Incapacitation,
 
which
 
is
 
to
 
make
 
the
 
victim
 
of
 
punishme
nt
 
incapable
 
of
 
committing
 
the
 
same
 
crime
 
again
 
like
 
removal
 
of
 
hand
 
in
 
cases
 
of
 
theft
 
or
 
isolation
 
of
 
criminal
3
.
 
 
Theories
 
of
 
Punishment:
 
The
 
theories
 
of
 
punishment
 
which
 
are
 
actually
 
the
 
justification
 
for
 
the
 
imposition
 
of
 
punishments
 
are
 
classified
 
into
 
four
 
main
 
headings.
 
These
 
include;
 
 
 
Retributive
 
theory
 
of
 
punishment:
 
According
 
to
 
this
 
theory
 
the
 
offender
 
should
 
be
 
suffered
 
in
 
proportion
 
to
 
the
 
harm
 
caused
 
to
 
aggrieved
 
party
 
by
 
him.
  
Usually
 
in
 
criminal
 
activities
 
the
 
wrongdoer
 
gets
 
some
 
benefit
 
from
 
incurring
 
loss
 
to
 
the
 
victim.
 
Therefore,
 
the
 
retributive
 
theory
 
aims
 
to
 
rebalance
 
the
 
benefit
 
gained
 
by
 
the
 
offender
 
by
 
ensuring
 
that
 
the
 
offender
 
should
 
also
 
be
 
suffered.
 
 
 
Deterrent
 
theory
 
of
 
punishment:
 
The
 
object
 
of
 
this
 
theory
 
is
 
to
 
prevent
 
the
 
commission
 
of
 
crime
 
by
 
imposing
 
severe
 
kind
 
of
 
punishment.
 
The
 
aim
 
of
 
the
 
punishment
 
should
 
be
 
to
 
deter,
 
the
 
ex
-
convict
 
from
 
re
 
offending
 
and
 
also,
 
those
 
people
 
who
 
are
 
evil
-
minded.
 
This
 
theory
 
supports
 
the
 
imposition
 
of
 
exemplary
 
punishment
 
on
 
the
 
offender
 
to
 
make
 
the
 
commission
 
of
 
crime
 
a
 
bad
 
bargain
 
for
 
the
 
offenders.
 
 
Reformative
 
theory
 
of
 
punishment:
 
This
 
theory
 
of
 
punishment
 
states
 
that
 
the
 
object
 
of
 
punishment
 
should
 
be
 
the
 
moral
 
reform
 
of
 
the
 
criminal
 
and
 
not
 
to
 
wreak
 
vengeance.
 
According
 
to
 
this
 
theory
 
crime
 
is
 
a
 
disease,
 
it
 
should
 
be
 
diagnosed
 
properly
 
like
 
all
 
other
 
diseases
 
and
 
the
 
offender
 
should
 
be
 
given
 
proper
 
treatment
 
to
 
cure
 
the
 
disease.
  
 
 
Preventive
 
theory
 
of
 
punishment:
 
This
 
theory
 
aims
 
to
 
prevent
 
the
 
repetition
 
of
 
the
 
crime
 
by
 
the
 
offender.
 
According
 
to
 
this
 
theory
 
punishment
 
should
 
be
 
of
 
such
 
a
 
nature
 
to
 
make
 
the
 
International
 
Research
 
Journal
 
of
 
Social
 
Sciences__
______________
________________________
___________
 
ISSN
 
2319
–
3565
 
Vol.
 
3
(
11
),
 
51
-
5
4
,
 
November
 
(201
4
)
 
 
 
 
 
 
 
 
  
 
Int.
 
Res.
 
J.
 
Social
 
Sci.
 
International
 
Science
 
Congress
 
Association
 
 
52
 
criminal
 
incapable
 
of
 
committing
 
the
 
same
 
crime
 
again.
 
Penalties
 
like
 
imprisonment,
 
death,
 
exile
 
or
 
imputation
 
of
 
hand
 
are
 
awarded
 
to
 
incapacitate
 
the
 
offender.
 
 
 
Object
 
of
 
Punishment
 
in
 
Islam
 
The
 
main
 
object
 
of
 
punishment
 
in
 
Islam
 
is
 
to
 
prevent
 
the
 
commission
 
of
 
crime.
 
For
 
this
 
purpose
 
Islam
 
provides
 
a
 
system
 
of
 
imposing
 
harsh
 
punishment
 
on
 
the
 
criminals.
 
However,
 
the
 
procedure
 
to
 
be
 
followed
 
for
 
the
 
conviction
 
is
 
much
 
more
 
difficult.
 
The
 
reason
 
is
 
that
 
the
 
Prophet
 
(S.A.W)
 
has
 
given
 
preference
 
to
 
the
 
non
-
conviction
 
of
 
an
 
innocent
 
man
 
over
 
convicting
 
criminals.
 
The
 
punishment
 
may
 
or
 
may
 
not
 
be
 
proportional
 
to
 
the
 
crime
 
committed,
 
as
 
proportional
 
punishment
 
will
 
requi
re
 
the
 
evaluation
 
of
 
certain
 
complex
 
factors,
 
like
 
motive
 
behind
 
the
 
commission
 
or
 
the
 
circumstances
 
in
 
which
 
the
 
crime
 
has
 
been
 
committed,
 
which
 
a
 
judge
 
of
 
ordinary
 
human
 
prudent
 
is
 
incapable
 
of
 
evaluating
 
efficiently.
 
Moreover,
 
penalties
 
awarded
 
in
 
Islam
 
are
 
not
 
punishments.
 
These
 
penalties
 
are
 
known
 
as
 
Hadoods
 
which
 
means
 
boundaries.
 
It
 
signifies
 
that
 
the
 
punishment
 
in
 
Islam
 
is
 
regulative
 
in
 
nature.
 
Every
 
person
 
has
 
certain
 
rights
 
and
 
obligations
 
which
 
must
 
be
 
respected
 
by
 
others.
 
For
 
this
 
purpose
 
Islam
 
has
 
advised
 
to
 
observe
 
certain
 
boundaries
 
and
 
limitations
 
in
 
order
 
to
 
maintain
 
peace
 
in
 
the
 
society.
 
Liabilities
 
are
 
incurred
 
upon
 
the
 
person
 
who
 
crosses
 
these
 
boundaries.
 
 
Similarly
 
Islamic
 
law
 
educate
 
the
 
people
 
about
 
the
 
outcome
 
of
 
the
 
punishment
 
and
 
thus
 
prevent
 
and
 
deter
 
them
 
from
 
committing
 
the
 
crimes.
 
The
 
Quran
 
describe
 
the
 
Hadoods
 
as
 
exemplary
 
punishments
 
from
 
God
 
(al
-
Ma’ida
 
5:38).It
 
means
 
that
 
these
 
penalties
 
imposed
 
upon
 
the
 
person
 
are
 
exemplary
 
in
 
nature.
 
They
 
become
 
examples
 
for
 
those
 
who
 
have
 
criminal
 
mentality.
 
The
 
like
-
minded
 
criminals
 
become
 
aware
 
of
 
the
 
fact
 
that
 
committing
 
crime
 
is
 
not
 
worthy
 
business.
 
 
In
 
Islamic
 
law
 
criminals
 
are
 
punished
 
for
 
committing
 
crimes.
 
However,
 
the
 
provision
 
for
 
the
 
rehabilitation
 
also
 
exists.
 
According
 
to
 
Islamic
 
law
 
the
 
reformation
 
is
 
either
 
before
 
commission
 
of
 
crime
 
so
 
that
 
the
 
criminal
 
may
 
not
 
commit
 
the
 
crime
 
or
 
it
 
should
 
be
 
after
 
punishing
 
the
 
criminal.
 
Once
 
the
 
criminal
 
is
 
punished
 
for
 
his
 
crime
 
he
 
should
 
be
 
treated
 
like
 
innocent
 
people.
 
The
 
double
 
standard
 
for
 
the
 
ex
-
convict
 
is
 
forbidden
 
in
 
Islam.
 
Society
 
is
 
the
 
best
 
place
 
for
 
the
 
reformation
 
of
 
the
 
criminals
 
after
 
being
 
punished.
 
Keeping
 
the
 
criminals
 
in
 
prisons,
 
which
 
is
 
the
 
absolute
 
community
 
of
 
criminals,
 
will
 
enhance
 
the
 
criminal
 
mentality
 
rather
 
than
 
the
 
reformation.
 
That’s
 
the
 
reason
 
why
 
Islamic
 
law
 
do
 
not
 
prefer
 
imprisonment
 
of
 
criminals.
 
 
Another
 
object
 
of
 
punishment
 
in
 
Islamic
 
law
 
is
 
Qisas
 
(retribution).
 
When
 
a
 
person
 
causes
 
injury
 
to
 
another
 
person,
 
the
 
other
 
has
 
a
 
right
 
of
 
equal
 
requital.
 
This
 
right
 
solely
 
belongs
 
to
 
the
 
party
 
being
 
injured.
 
There
 
are
 
two
 
conditions
 
for
 
retribution
 
under
 
Islamic
 
law.
 
One
 
condition
 
is
 
that
 
the
 
victim
 
seeks
 
punishment
 
for
 
the
 
wrongdoer.
 
The
 
other
 
is
 
that
 
the
 
victim
 
demand
 
compensation
 
for
 
the
 
loss
 
o
r
 
he
 
may
 
even
 
forgive
 
the
 
offender,
 
however,
 
if
 
he
 
seeks
 
compensation
 
it
 
must
 
not
 
be
 
more
 
than
 
the
 
loss
 
incurred.
 
It
 
means
 
that
 
the
 
object
 
of
 
Qisas
 
is
 
not
 
vengeance
 
but
 
reconciliation
 
and
 
thus
 
punishment
 
can
 
be
 
avoided
 
under
 
Qisas.
 
 
Encounter
 
between
 
Islamic
 
legal
 
system
 
and
 
Western
 
legal
 
system
 
The
 
Islamic
 
legal
 
system
 
as
 
compare
 
to
 
the
 
western
 
legal
 
system
 
provides
 
a
 
peaceful
 
and
 
cleaner
 
society.
 
Western
 
laws
 
where
 
the
 
ethical
 
norms
 
of
 
the
 
society
 
are
 
always
 
violated
 
for
 
example
 
in
 
Norway
 
and
 
Sweden
 
homosexuality
 
and
 
lesbianism
 
is
 
not
 
a
 
crime
4
.
 
 
Similarly
 
Spain
 
has
 
passed
 
a
 
bill
 
for
 
legalising
 
adultery.
 
Adultery
 
will
 
not
 
be
 
considered
 
as
 
crime.
  
In
 
contrast
 
to
 
the
 
immoral
 
and
 
un
-
ethical
 
laws
 
of
 
west,
 
Islam
 
provides
 
a
 
system
 
based
 
on
 
natural
 
and
 
divine
 
law
 
where
 
the
 
norms
 
and
 
ethical
 
values
 
are
 
highly
 
respected.
 
The
 
deterrent
 
punishment
 
of
 
Islamic
 
law
 
ensures
 
greater
 
peace
 
in
 
society.
 
This
 
is
 
because
 
of
 
the
 
Shariah
 
laws
 
applied
 
in
 
Saudi
 
Arabia
 
that
 
the
 
crime
 
rate
 
is
 
negligible
 
i.e.
 
one
 
murder
 
in
 
one
 
year
5
.
 
 
One
 
can
 
find
 
unique
 
characteristic
 
of
 
Islamic
 
law
 
that
 
shows
 
a
 
remarkable
 
difference
 
from
 
the
 
western
 
law.
 
These
 
unique
 
salient
 
features
 
of
 
Shariah
 
law
 
shows
 
the
 
significance
 
of
 
Islamic
 
law
 
over
 
the
 
western
 
legal
 
system.
 
 
 
One
 
of
 
the
 
unique
 
features
 
of
 
Shariah
 
law
 
is
 
that
 
there
 
is
 
no
 
rule
 
for
 
imprisoning
 
the
 
offender.
 
The
 
imprisonment
 
is
 
a
 
disapproved
 
kind
 
punishment
 
in
 
Islamic
 
legal
 
system.
 
There
 
are
 
several
 
reasons
 
for
 
avoiding
 
imprisonment
 
of
 
the
 
offender.
 
The
 
main
 
objective
 
for
 
awarding
 
imprisonment
 
is
 
the
 
reformation
 
of
 
the
 
offender
 
but
 
the
 
results
 
produced
 
by
 
imprisoning
 
the
 
wrongdoer
 
is
 
contrary
 
to
 
what
 
the
 
law
 
seeks
 
to
 
achieve
 
through
 
imprisonment
6
.
 
The
 
reason
 
is
 
that
 
society
 
is
 
the
 
best
 
place
 
for
 
reformation
 
of
 
criminals
 
as
 
compare
 
to
 
the
 
prisons
 
which
 
is
 
a
 
community
 
of
 
criminals.
 
The
 
criminals
 
in
 
prison
 
do
 
not
 
feel
 
shame
 
on
 
their
 
crimes
 
instead
 
they
 
feel
 
proud
 
to
 
boost
 
their
 
stories
 
of
 
crimes
 
in
 
front
 
of
 
other
 
offenders.
 
Moreover,
 
offenders
 
become
 
more
 
skilful
 
in
 
committing
 
crime
 
after
 
release
7
.
 
 
Another
 
contradiction
 
between
 
Islamic
 
legal
 
system
 
and
 
western
 
legal
 
system
 
is
 
treatment
 
with
 
the
 
ex
-
convict.
 
The
 
treatment
 
with
 
the
 
ex
-
convict
 
plays
 
a
 
vital
 
role
 
in
 
the
 
reformation
 
of
 
the
 
offender.
 
However,
 
the
 
West’s
 
contemptuous
 
treatment
 
with
 
the
 
ex
-
convict
 
prohibits
 
him
 
from
 
rehabilitation.
 
In
 
most
 
of
 
the
 
western
 
legal
 
systems
 
an
 
ex
-
convict
 
is
 
deprived
 
of
 
contesting
 
elections
8
.
 
Moreover,
 
even
 
the
 
ex
-
convicts
 
are
 
deprived
 
of
 
casting
 
votes
9
.
  
Contrary
 
to
 
this,
 
Islamic
 
legal
 
system
 
highly
 
disapproves
 
such
 
kind
 
of
 
treatment
 
with
 
the
 
ex
-
convict.
 
The
 
conviction
 
of
 
the
 
offender
 
should
 
not
 
become
 
a
 
permanent
 
stigma
 
on
 
his
 
character.
 
Once
 
the
 
offender
 
is
 
punished
 
for
 
his
 
crime
 
he
 
becomes
 
innocent.
 
He
 
must
 
be
 
treated
 
like
 
he
 
never
 
committed
 
that
 
crime.
 
The
 
conviction
 
should
 
not
 
become
 
an
 
International
 
Research
 
Journal
 
of
 
Social
 
Sciences__
______________
________________________
___________
 
ISSN
 
2319
–
3565
 
Vol.
 
3
(
11
),
 
51
-
5
4
,
 
November
 
(201
4
)
 
 
 
 
 
 
 
 
  
 
Int.
 
Res.
 
J.
 
Social
 
Sci.
 
International
 
Science
 
Congress
 
Association
 
 
53
 
obstacle
 
in
 
his
 
social
 
and
 
economic
 
progress.
  
This
 
kind
 
of
 
treatment
 
with
 
ex
-
convict
 
plays
 
a
 
greater
 
in
 
the
 
reformation
 
of
 
the
 
offender.
 
The
 
Prophet
 
(PBUH)
 
has
 
forbidden
 
his
 
companions
 
from
 
calling
 
bad
 
names
 
to
 
two
 
Sahabis,
 
who
 
have
 
confessed
 
the
 
sin
 
of
 
adultery
 
and
 
were
 
stoned
 
to
 
death.
 
 
 
Similarly
 
Islam
 
provides
 
a
 
system
 
of
 
equality.
  
Discrimination
 
between
 
rich
 
and
 
poor
 
in
 
awarding
 
punishment
 
is
 
prohibited.
 
In
 
order
 
to
 
avoid
 
the
 
discrimination
 
Islam
 
provide
 
a
 
legal
 
system
 
which
 
is
 
lacking
 
of
 
imposing
 
any
 
monetary
 
fine
 
or
 
penalty
10
.
 
Such
 
equality
 
before
 
law
 
has
 
the
 
same
 
deterrent
 
effect
 
on
 
both
 
the
 
rich
 
and
 
the
 
poor.
 
On
 
contrary
 
to
 
the
 
western
 
legal
 
system
 
where
 
the
 
offenders
 
are
 
usually
 
fined,
 
wealth
 
has
 
become
 
the
 
license
 
for
 
the
 
rich
 
people
 
to
 
commit
 
crimes.
 
The
 
pecuniary
 
punishments
 
have
 
promoted
 
the
 
criminal
 
mentality
 
of
 
the
 
rich
 
class
 
of
 
the
 
society.
  
Islamic
 
legal
 
system
 
has
 
the
 
provision
 
of
 
monitory
 
fine
 
only
 
in
 
case
 
of
 
Diyyat,
 
however,
 
the
 
amount
 
of
 
diyyat
 
is
 
fixed
 
and
 
it
 
can
 
only
 
be
 
imposed
 
if
 
the
 
aggrieved
 
party
 
wishes
 
to
 
do
 
so.
 
The
 
law,
 
otherwise,
 
cannot
 
convert
 
the
 
punishment
 
of
 
Qisas
 
into
 
Diyyat.
 
 
 
Another
 
significant
 
feature
 
of
 
Islamic
 
legal
 
system
 
is
 
the
 
reporting
 
of
 
crime.
 
No
 
one
 
can
 
be
 
punished
 
mere
 
on
 
the
 
suspicion
 
that
 
he
 
has
 
committed
 
the
 
crime
 
until
 
it
 
is
 
proved
 
by
 
the
 
prescribed
 
number
 
of
 
reliable
 
witnesses.
 
The
 
strict
 
procedure
 
to
 
be
 
observed
 
for
 
the
 
reporting
 
of
 
crime
 
preserves
 
the
 
integrity
 
of
 
mankind.
 
Strict
 
punishments
 
should
 
be
 
awarded
 
to
 
those
 
who
 
bring
 
allegation
 
against
 
someone
 
and
 
then
 
fails
 
to
 
prove
 
those
 
allegations.
 
The
 
western
 
legal
 
system,
 
on
 
contrary,
 
does
 
not
 
have
 
such
 
provisions.
 
In
 
western
 
legal
 
system
 
any
 
person
 
can
 
report
 
a
 
crime
 
against
 
a
 
noble
 
and
 
innocent
 
man
 
without
 
having
 
any
 
proof.
 
The
 
person
 
after
 
a
 
long
 
process
 
of
 
humiliation
 
may
 
be
 
proved
 
innocent.
 
Islam
 
prohibits
 
such
 
kind
 
of
 
system
 
where
 
every
 
member
 
of
 
the
 
society
 
lives
 
like
 
suspects.
 
He
 
can
 
be
 
charged
 
any
 
time
 
for
 
a
 
crime
 
mere
 
on
 
suspicion.
 
 
Conclusion
 
Different
 
philosophers
 
and
 
criminologist
 
studied
 
the
 
criminal
 
behaviour
 
of
 
the
 
criminals.
 
They
 
summed
 
up
 
their
 
work
 
and
 
produced
 
different
 
theories
 
about
 
the
 
causes
 
and
 
prevention
 
of
 
crime.
 
The
 
first
 
theory,
 
in
 
this
 
respect,
 
known
 
as
 
classical
 
theory
 
of
 
criminality
 
was
 
developed
 
by
 
an
 
Italian
 
and
 
Englishman
 
named
 
Cesare
 
Beccaria
 
and
 
Jeremy
 
Bentham
 
respectively
 
in
 
late
 
eighteen
 
century.
 
The
 
underlying
 
principle
 
of
 
their
 
theory
 
is
 
that
 
man
 
is
 
having
 
free
 
will.
 
Human
 
beings
 
are
 
hedonistic
 
and
 
they
 
try
 
to
 
maximise
 
their
 
pleasure
 
and
 
minimize
 
their
 
pain.
 
According
 
to
 
this
 
theory
 
the
 
behaviour
 
of
 
human
 
can
 
only
 
be
 
controlled
 
by
 
fear
 
of
 
pain
 
and
 
thus
 
deterrence
 
is
 
the
 
only
 
effective
 
measure
 
for
 
the
 
prevention
 
of
 
crime.
 
 
 
Similarly
 
positivistic
 
school
 
of
 
criminologist
 
argues
 
that
 
human
 
beings
 
do
 
not
 
have
 
their
 
free
 
will.
 
Their
 
behaviour
 
is
 
affected
 
by
 
various
 
biological,
 
sociological
 
and
 
psychological
 
factors.
 
Humans
 
are
 
not
 
responsible
 
for
 
their
 
actions.
 
According
 
to
 
this
 
school
 
of
 
criminology
 
the
 
instrument
 
for
 
the
 
prevention
 
of
 
crime
 
should
 
be
 
the
 
rehabilitation
 
efforts
 
for
 
the
 
reformation
 
of
 
offenders.
 
 
All
 
the
 
legal
 
systems
 
in
 
the
 
world
 
support
 
any
 
one
 
of
 
the
 
above
 
theories
 
for
 
justification
 
of
 
awarding
 
punishment.
 
The
 
Western
 
legal
 
system
 
follows
 
the
 
positivistic
 
school
 
of
 
criminology.
 
However,
 
the
 
rehabilitation
 
efforts
 
(like
 
imprisonment)
 
is
 
highly
 
criticised
 
due
 
to
 
their
 
contrasting
 
outcomes.
 
The
 
Islamic
 
legal
 
system
 
on
 
the
 
other
 
hand
 
has
 
lessons
 
for
 
criminologist
 
of
 
both
 
classical
 
and
 
positivistic
 
schools
 
of
 
criminology.
 
Both
 
deterrent
 
and
 
reformatory
 
punishments
 
are
 
awarded
 
by
 
the
 
Islamic
 
law.
 
Moreover,
 
many
 
Islamic
 
punishments
 
have
 
dual
 
effects
 
of
 
rehabilitation
 
and
 
deterrence
 
at
 
the
 
same
 
time.
 
For
 
example,
 
imputation
 
of
 
hand
 
in
 
cases
 
of
 
theft
 
has
 
the
 
deterrent
 
effect
 
on
 
all
 
those
 
who
 
are
 
like
 
minded
 
to
 
the
 
criminal,
 
and
 
it
 
also
 
helps
 
in
 
the
 
rehabilitation
 
of
 
convict
 
as
 
Islam
 
allows
 
such
 
convicts
 
to
 
live
 
his
 
life
 
in
 
the
 
society
 
with
 
all
 
the
 
privileges
 
like
 
others
 
and
 
forbids
 
any
 
discriminatory
 
treatment
 
to
 
him
 
because
 
of
 
his
 
ex
–
convictions.
 
 
 
Islamic
 
law
 
is
 
the
 
perfect
 
law
 
for
 
the
 
prevention
 
of
 
crime.
 
Shariah
 
laws
 
are
 
divine
 
laws.
 
The
 
principles
 
of
 
Shariah
 
laws
 
are
 
established
 
by
 
God
 
the
 
Almighty
 
Who
 
is
 
fully
 
aware
 
of
 
the
 
human
 
nature,
 
their
 
psychologies
 
etc.
 
Thus
 
Islamic
 
laws
 
act
 
as
 
guidelines
 
for
 
the
 
criminologists
 
to
 
study
 
and
 
develop
 
their
 
knowledge
 
of
 
the
 
subject.
 
 
 
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Punishment
 
Crime
 
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#PunCriSta
  
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American
 
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