دلائل العدل والإحسان في العقوبات الشرعية

[The Principles of Justice & Benevolence (Ihsan) in Islamic Penalties’ Jurisprudence]

Abstract

Justice and benevolence are not merely two values, but two sublime ends to which great Islam gave special attention in rooting their rules and principles: and detailing them especially in penalties’ jurisprudence. Accordingly, this article identified and revealed a number of rules and principles with which the penalties’ jurisprudence deals a number of axes which basically revolve around defining the penalty, applying the penalty only to the offender, not applying the penalty on mere heart’s intention, making it equally applicable for all people, ensuring that all elements of the offence/crime are there, not to mention the true Islamic perspective for humans, and its regard for the sanctity of human life in protecting it and not scandalizing it.