Master'sOpen Access

Rights of human of prisoners in Islamic Law

1997
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Advisor: Yrd. Doç. Dr. Osman Şekerci

Abstract (EN)

Imprisonment, a genarally accepted form of punishment in modern Western and non- Western legal systems, existed also in Islamic law. But there is little information on imprisonment in the Islamic fiqh-literature, where the terms used are sicn("prison") and haps ("detention"). And there is no futher terminological division in the fiqh-literatur. Because the main punishment in Islamic law is considered with corporal punishment (hudud and ta'zir). There is no denying, however, that the duties of judges and the rights of prisoners are clearly defined in the fiqh-literatur and that the torture and killings of prisoners is not condoned. And as it mentioned by Islamic jurists, a prisoner should not be beaten, chained, paraded through the streets, or forced to work. The fact that Muslim jurists discuss only imprisonment for repentance and rehabilitation may explain why they manifest significant concern for prisoners' rights and why prison conditions appear ta have been relatively salubrious.

Author

Dr. Ahmet Hamdi Yıldırım

How to Cite

Ahmet Hamdi Yıldırım (Master Thesis). Rights of human of prisoners in Islamic Law, 1997, Sakarya University.

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