الحكم والمقاصد الشرعية في عقوبة الحدود والجنايات

Abstract

The research addresses the legal rulings and objectives of the punishments for hudud (fixed punishments) and jinayat (crimes) in Islamic law. It aims to provide a deep study of the goals and purposes of the punishments prescribed by Allah in Islam, which include hudud and jinayat. The research seeks to explain the divine wisdom behind these punishments, as Allah revealed His holy book and commanded His Prophet Muhammad (peace be upon him) to convey His Shariah to the people, detailing all matters related to punishments for those who violate Allah's law, including hudud and ta'zir (discretionary punishments). The research highlights the objectives of these punishments in Islamic law, whether explicitly stated or derived by scholars. It shows how these punishments aim to achieve justice, protect public interests, and deter the commission of crimes. The research also discusses that punishments in Islam are not merely inflictions of pain but are acts of mercy for both society and the individual, as they work to correct sins and achieve social stability. An analytical and inductive methodology was followed in studying the legal objectives related to punishments. Some of the key findings of the research include what follows. First. one of the objectives of punishments for hudud and jinayat is that they serve as deterrents set by Allah for those who violate His commands, to prevent them and others from committing similar crimes. Second, hudud punishments serve to atone for the sins committed by the individual. Third, although punishments may appear painful, they are, in reality, acts of mercy. Fourth, Hudud punishments bring about benefits and prevent both general and specific harms and evils. Fifth, One of the benefits of punishments is the preservation of the five necessities (religion, life, intellect, lineage, and property). Sixth, the legal objectives of punishments in Islam include mercy for the individual and society. Seventh, the legal objectives of hudud include the establishment of justice and fairness.

Keywords: Legal Objectives, Hudud Punishments, Crimes.