{"title":"伊斯兰教的其他制裁(基础研究)","authors":"Yaser Esayed Fujo","doi":"10.37556/al-idah.041.01.0790","DOIUrl":null,"url":null,"abstract":"Penalties in Islamic legislation are classified into two classes: the first one is Hudud penalties that estimated by the legislator almighty (mandatory rulings), and there is no rational judgment (Ijtihad) in it, but it accepts replacement with a narrow scope. The second is Ta'zir penalties (discretionary), and this section accepts replacement with great flexibility and wide discretion, such as imprisonment and financial fines. In the first topic, I talked about the concept of alternative sanctions and their lawfulness, while the second topic was on how to use some fundamentalist rules as guidelines for alternative sanctions, and I concluded the third topic with limited jurisprudential applications; to be a jurisprudential impact; as a foundational study for that kind of penalties.","PeriodicalId":159824,"journal":{"name":"Al-Idah","volume":"36 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Alternative Sanctions in Islam (Foundational Study)\",\"authors\":\"Yaser Esayed Fujo\",\"doi\":\"10.37556/al-idah.041.01.0790\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Penalties in Islamic legislation are classified into two classes: the first one is Hudud penalties that estimated by the legislator almighty (mandatory rulings), and there is no rational judgment (Ijtihad) in it, but it accepts replacement with a narrow scope. The second is Ta'zir penalties (discretionary), and this section accepts replacement with great flexibility and wide discretion, such as imprisonment and financial fines. In the first topic, I talked about the concept of alternative sanctions and their lawfulness, while the second topic was on how to use some fundamentalist rules as guidelines for alternative sanctions, and I concluded the third topic with limited jurisprudential applications; to be a jurisprudential impact; as a foundational study for that kind of penalties.\",\"PeriodicalId\":159824,\"journal\":{\"name\":\"Al-Idah\",\"volume\":\"36 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-12-19\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Al-Idah\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.37556/al-idah.041.01.0790\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Al-Idah","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.37556/al-idah.041.01.0790","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Alternative Sanctions in Islam (Foundational Study)
Penalties in Islamic legislation are classified into two classes: the first one is Hudud penalties that estimated by the legislator almighty (mandatory rulings), and there is no rational judgment (Ijtihad) in it, but it accepts replacement with a narrow scope. The second is Ta'zir penalties (discretionary), and this section accepts replacement with great flexibility and wide discretion, such as imprisonment and financial fines. In the first topic, I talked about the concept of alternative sanctions and their lawfulness, while the second topic was on how to use some fundamentalist rules as guidelines for alternative sanctions, and I concluded the third topic with limited jurisprudential applications; to be a jurisprudential impact; as a foundational study for that kind of penalties.