IMPRISONMENT AS PUNISHMENT IN SHARIAH: AN ANALYSIS IN THE PERSPECTIVE OF CURRENT JAIL SYSTEM

Abstract

Allah Almighty has created human beings to lead his life in accordance with the Will of Allah Almighty. Islam being a religion of nature prescribes code of life for an individual as well as society. It intends to flourish a society of peace and for this purpose it has prescribed punishments for various wrongs committed by individuals. In most of the criminal cases imprisonment as punishment is awarded. Under the current judicial system an accused is kept behind the bars until proven guilty. Many legal jurists are doubtful about the legality of the imprisonment in Shariah. In this article we do explore the concept of imprisonment in Shariah and ascertain that whether the current Jail system serves the purpose well.