چکیده:
One of the methods of preventing crime is imprisonment and punishing criminals and offenders. As can be seen from reliable historical texts, considering the political and social situation at the beginning of Islam, during the time of the Prophet Muhammad (PBUH), prison did not exist in its common contemporary sense. Therefore, the main question is: given this reality, can we refer to the verses of the Quran to establish the legitimacy of prison? If the answer is positive, which verses indicate this legitimacy and how can their indication be proven? This article attempts to provide a clear and concise answer regarding the "legitimacy of prison" with the help of reliable verses and narrations and related interpretations. For this purpose, the history of prisons in Islamic society is discussed; then, by studying and examining related verses and referring to Quranic evidence, reliable narrations, and the views of Shia and Sunni interpreters, a provable theory is presented and a solid and reasoned response to the issue is given.
خلاصه ماشینی:
To this end, the history of imprisonment in Islamic society will be discussed; then, by studying and examining related verses and referring to Quranic evidence, authentic narrations, and the views of interpreters from both Shia and Sunni schools of thought, a provable theory will be presented and a solid and reasoned answer to the issue will be given.
’” The content of the above verse indicates that if a Muslim dies while traveling and no Muslims are with him, two witnesses should testify to his will, And if there is doubt or uncertainty about those two, they must be detained until after the afternoon prayer when they swear; accepting this meaning is conditional on: Firstly: The meaning of detention (تحبسونهما) in this verse is imprisonment in its common and customary sense.
In contrast, Zayd ibn Aslam10, Malik ibn Anas11, al-Shafi'i12, and Abu Hanifa1 believe that the verse in question has been abrogated and that the testimony of non-believers – the People of the Book – is by no means acceptable.
In the early days of Islam, when a woman committed adultery and four just witnesses testified against her, she would be imprisoned at home until her death, then that ruling was abrogated by the ruling of stoning in the case of a muhsan (married) adulterer… The Prophet (PBUH) when the verse: «الزانيه و الزانى» was revealed, said: ‘Allah has provided a way of salvation for them, flog the virgin adulterer with one hundred lashes and exile him for a year, and flog married people with one hundred lashes and stone them.
6-Ibn Arabi, Abu Bakr Muhammad bin Abdullah, 1398 AH, Ahkam al-Quran, Beirut, Dar Ihya' al-Kutub al-Arabiyah.
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