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شریعتِ اسلامیہ میں قیدیوں کے حقوق: تاریخی جائزہ، اصول و ضوابط، اور عصری نفاذ


Article Information

Title: شریعتِ اسلامیہ میں قیدیوں کے حقوق: تاریخی جائزہ، اصول و ضوابط، اور عصری نفاذ

Authors: Anam Sattar, Aysha Saeed

Journal: Al-Marjan

HEC Recognition History
Category From To
Y 2024-10-01 2025-12-31

Publisher: Al-Marjan Research Center, Lahore, Pakistan, (SMC- Private), Limited.

Country: Pakistan

Year: 2024

Volume: 2

Issue: 2

Language: Urdu

Keywords: Prisoners' rightsIslamic lawhumane treatmentrehabilitationIslamic state.

Categories

Abstract





The concept of prisoners' rights in Islamic law is rooted in compassion, fairness, and justice. Before the advent of Islam, prisoners faced inhumane treatment, including physical torture, forced labor, and deprivation of basic necessities. The rights of prisoners were not recognized, and they were treated worse than animals. With the emergence of Islam, a revolutionary change took place as the religion formulated explicit rights for prisoners and offered them numerous ways to regain their freedom. Islamic law not only ensures that prisoners are treated humanely during detention but also emphasizes rehabilitation and support after release, providing them the opportunity to reintegrate into society. The Prophet Muhammad (PBUH) demonstrated exemplary treatment of captives, setting standards that surpass many modern laws. It is the duty of an Islamic state to fulfill the rights of detainees, ensuring that they receive humane treatment and all essential amenities as ordained by Islam. This research delves into the historical background of prisoners' rights, exploring their development from pre-Islamic times to the Islamic injunctions that transformed their conditions. It further analyzes the key principles outlined in the Qur'an and Hadith that guide the treatment of prisoners, highlighting the responsibilities of an Islamic state in providing justice and compassion to all detainees, irrespective of their faith. The study also discusses the modern-day application of these principles, emphasizing how these timeless teachings can contribute to upholding the dignity of prisoners in the contemporary era.




Research Objective

To delve into the historical background of prisoners' rights in Islamic law, explore their development from pre-Islamic times to Islamic injunctions, analyze key principles from the Qur'an and Hadith, highlight the responsibilities of an Islamic state, and discuss modern-day application of these principles.


Methodology

Historical analysis of Islamic legal texts, including the Qur'an and Hadith, to understand the evolution and principles of prisoners' rights. The study also examines contemporary implementation and the role of the Islamic state.

Methodology Flowchart
                        graph TD; A[Research on historical texts Qur'an, Hadith] --> B[Analyze principles of prisoners' rights]; B --> C[Examine pre-Islamic and Islamic treatment]; C --> D[Evaluate contemporary application]; D --> E[Formulate conclusions on Islamic state's role]; E --> F[Publish findings];                    

Discussion

The paper argues that Islamic law provides a comprehensive framework for prisoners' rights, rooted in divine injunctions. It contrasts this with pre-Islamic barbarity and highlights the ethical and legal obligations of an Islamic state to ensure justice and compassion for all detainees. The discussion emphasizes the enduring relevance of these principles in contemporary society.


Key Findings

Islamic law, originating from compassion, fairness, and justice, revolutionized the treatment of prisoners compared to pre-Islamic practices. It established explicit rights, emphasized humane treatment during detention, and promoted rehabilitation and reintegration post-release. The Prophet Muhammad (PBUH) set exemplary standards for prisoner treatment.


Conclusion

Islamic law offers a timeless and humane approach to prisoners' rights, emphasizing dignity, rehabilitation, and reintegration. The principles derived from the Qur'an and Hadith provide a robust foundation for contemporary legal and ethical treatment of prisoners, underscoring the responsibility of Islamic states to uphold these values.


Fact Check

- The article was received on July 07, 2024, revised on August 15, 2024, accepted on September 05, 2024, and available online on September 25, 2024.
- The journal is published by Al-Marjn Research Center, Lahore, Pakistan.
- The article is open access and distributed under the terms of the Creative Commons Attribution 4.0 International License.


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