Corporal Punishments in Perspective of Shariah and Law: an Analysis with Special Reference to Objectives of Shariah

Abstract

Notably, in contemporary times, the subject of Islamic punishments is debated around the Muslim world as Islam is the last divine religion from Allah the almighty which has provided a way out to all the societal evils. The notion of maqāṣid al-Shariah (objectives of law) plays a vital role in protection of religion, life, lineage, property and intellect against all sorts of corruptions. Since a crime against one is considered as against the whole humanity. That is why in Islamic law corporal punishments are imposed against such crimes. Consequently, Islamic punishment(s) may have one or more of the subsequent objectives namely: deterrence (al-zajr), retribution (al-jaza), reformation (al-tahdhib). Thus, this research work is designed to articulate a comprehensive deliberation on corporal punishments in perspective of Shariah law to know why these are categorized in hudood, qisas, and tazir punishments. Additionally, this article will also denote that what are the maqāṣid of Shariah behind each and every punishment. Therefore, an analytical approach with qualitative research methodology is adopted in the present work.