Alternatives to custodial sentences: a Maqasidi approach

Boukerroucha, Halima (2014) Alternatives to custodial sentences: a Maqasidi approach. In: International Conference on Law, Order and Criminal Justice 2014, 19th - 20th November 2014, Kuala Lumpur. (Unpublished)

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Abstract

This paper aims to discuss the issue of alternatives to custodial sentences from a maqasidi approach. It assesses the consistency of this concept with the philosophy of Islamic criminal legislation and the viability of its application in light of the concept of crime and punishment in Islamic law. In doing so, the paper define custodial sentences in contemporary legislation. It then analyses the concept of imprisonment in the Quran and Sunnah and the practices of the companions. It also assesses the impact of the custodial sentences in modern practices with the aim to identify the conditions and parameters for the alternatives within the framework of maqasid al-Shariah in general and the maqasid of punishments in particular.

Item Type:	Conference or Workshop Item (UNSPECIFIED)
Additional Information:	5741/41985
Uncontrolled Keywords:	Islamic law - Criminal justice - Custodial sentences – Maqasid al-Shariah - freedom
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP470 Law reform. Criticism. Tanzim
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User:	Mrs Halima Boukerroucha
Date Deposited:	24 Feb 2015 15:57
Last Modified:	24 May 2018 13:12
URI:	http://irep.iium.edu.my/id/eprint/41985

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