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...
| Auteur principal: | |
|---|---|
| Type de support: | Électronique Article |
| Langue: | Anglais |
| Vérifier la disponibilité: | HBZ Gateway |
| Journals Online & Print: | En cours de chargement...
|
| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Publié: |
Brill
1995
|
| Dans: |
Islamic law and society
Année: 1995, Volume: 2, Numéro: 2, Pages: 157-173 |
| Accès en ligne: |
Volltext (JSTOR) Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Résumé: | 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. |
|---|---|
| ISSN: | 1568-5195 |
| Contient: | Enthalten in: Islamic law and society
|
| Persistent identifiers: | DOI: 10.1163/1568519952599367 |