Imprisonment in Pre-Classical and Classical Islamic Law
Abstract Imprisonment, a generally accepted form of punishment in modern legal systems, existed also in Islamic law in the pre-classical and classical periods (second-sixth/eighth-thirteenth centuries), although Muslim jurists devoted only limited attention to the subject and Islamicists have largel...
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| Medienart: | Elektronisch Aufsatz |
| Sprache: | Englisch |
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| Veröffentlicht: |
Brill
1995
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| In: |
Islamic law and society
Jahr: 1995, Band: 2, Heft: 2, Seiten: 157-173 |
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| Zusammenfassung: | Abstract Imprisonment, a generally accepted form of punishment in modern legal systems, existed also in Islamic law in the pre-classical and classical periods (second-sixth/eighth-thirteenth centuries), although Muslim jurists devoted only limited attention to the subject and Islamicists have largely ignored it. Muslim jurists of pre-classical and classical times concentrated their attention on pre-trial and administrative detention, especially imprisonment for debt. The jurists mention punitive detention as a supplementary measure that was enacted mostly in conjunction with corporal punishments (ḥudūd and taʿzīr). Because state authorities established a monopoly over criminal jurisdiction at a very early stage, it is possible that punitive detention played a more important role in practice than it did in theory. However, inasmuch as I found only a few examples in historical sources, it seems safe to conclude that punitive detention did not have the same status in pre-modern Islamic law that it does in modern law. |
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| ISSN: | 1568-5195 |
| Enthält: | Enthalten in: Islamic law and society
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| Persistent identifiers: | DOI: 10.1163/1568519952599367 |