Deterrence in Islamic law

In Islamic law, the protection of religion, life, mind, progeny, and property, referred to as the essential requirements (zaturat-i hamsa), are the primary objectives. The action-oriented tools that protect these interests in the world are deterrent punishments. In Islamic law, punishments exhibit a utilitarian and future-oriented structure. The primary purpose of all punishments is deterrence. However, deterrence is not solely based on legal norms. It is supported by a strong internal control provided by deeply rooted moral norms and divinely inspired rulings. Therefore, deterrence in Islamic criminal law is shaped by religious and moral awareness, as well as the threat of punishment. Hadd and retaliation punishments embody all the elements of deterrence: certainty, swiftness, and severity. Ta'zir punishments, on the other hand, fall short of the judge's discretion, thus failing to fully comply with the principle of finality and, because exceeding the hadd penalty is not permissible, have a limited deterrent effect. The general deterrent function of hadd and retaliation punishments is prominent, while the specific deterrent function of tazir punishments is prominent. Islamic jurists have discussed the conditions under which deterrence can be effective, its scope and limits in almost all criminal law matters. Key Words: Deterrence, The Divine Wisdom, Had, Qisas, Tazir, Repentance, Doubt.