The Penalty of Imprisonment and the Rights of Prisoners in Islam and the West: A Comparative Study

Dr. Wajahat Khan, Dr. Muhammad Tayyeb Nadeem, Dr. Naveed Altaf Khan
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Abstract

Imprisonment is a restriction of human liberty; Punishment of imprisonment is accepted form in Islamic and modern western world. Evidences of imprisonment are found in Quran and the Sunnah as during the life time of the Holy Prophet (PBUH), people used to be detained in the mosque. First jail was established during the time of Caliph Ali, in Islamic History. Islam allows to impose imprisonment on accused and convicted offenders and imprisonment even can be for a short time or in some cases it might be for life time. Islam considerers imprisonment as a discretionary punishment; the judge has an option to exercise punishment of imprisonment against any person if he thinks better for the reformation of any criminal.  Islamic teachings urge to provide prisoners with other rights as food, clothing, education and medical treatment in case of any health-related issue along with healthy environment for residing. Initially, in the west there was no concept of imprisonment, first time jail was established in 1552 in the UK. In the beginning prisoners were deprived of basic rights as proper residence, food, clothing and sanitation. In addition to it, they were maltreated by jail authorities. In 18th century, the reforms were introduced in the western world where new laws were made in favor of prisoners and prisoners were divided into different categories on which different facilities were provided to them. Imprisonment is considered as a primary punishment; it is being exercised against all sort of criminals whether it is in accordance with their nature of crimes or not.
伊斯兰和西方的监禁刑罚与囚犯权利:比较研究
监禁是对人的自由的限制;监禁是伊斯兰教和现代西方世界公认的刑罚形式。在古兰经和圣训中可以找到监禁的证据,因为在神圣的先知(PBUH)的一生中,人们曾经被关押在清真寺里。在伊斯兰历史上,第一所监狱是在哈里发阿里时期建立的。伊斯兰教允许对被指控和被定罪的罪犯判处监禁,监禁甚至可以是短期监禁,在某些情况下可能是终身监禁。伊斯兰教认为监禁是一种自由裁量的惩罚;如果法官认为对任何罪犯的改造更有利,他有权对任何人实行监禁的惩罚。伊斯兰教义敦促向囚犯提供其他权利,如食物、衣服、教育和医疗,如果出现任何与健康有关的问题,以及健康的居住环境。最初,西方没有监禁的概念,1552年在英国建立了第一个监狱。一开始,囚犯被剥夺了适当居住、食物、衣服和卫生等基本权利。除此之外,他们还受到监狱当局的虐待。在18世纪,西方世界引入了改革,制定了有利于囚犯的新法律,并将囚犯分为不同的类别,为他们提供不同的设施。监禁被认为是初级惩罚;无论是否根据犯罪性质,它都是针对各种犯罪分子行使的。
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