Deterrents and Their Impact on Punishment in Islamic Law

Abstract

The research aimed to identify deterrents and their impact on punishment in Islamic law. The deductive method was adopted to achieve the research objectives. One of the most important results was that the ruler pardons the offender from punishment for the sin or crime he committed because of the impediment he had and that he does not interfere in the existence of this impediment, nor in cancelling or amending it, but rather his task is limited to preventing the application of the punishment to this offender who is affected by the impediment. In addition, the deterrent does not exempt the perpetrator from guaranteeing others' money. It was also found that a deterrent is not available to all members of society but to some individuals, and its availability is beyond their control in most cases. The findings also revealed that deterrent waives both worldly and the hereafter penalties and that the offender is responsible for all his actions and words if he commits them after the end of the impediment. The results also showed that the perpetrators do not benefit, if they are a group, from the impediment that one of them has in committing crimes, so those who have the impediment are pardoned, and those who do not have it are punished