سزائے بصورتِ حبس (imprisonment) کا تاریخی پسِ منظر اور اسلام میں اس کی ابتداء و مشروعیت

Historical Background of Imprisonment and its Beginning and Legitimacy in Islam

Abstract

Abstract

For the best, successful and peaceful social life, religion and society set the boundaries of good and evil and determined the reward for good and the punishment for evil. That is why many evils and crimes considered punishable in Bible, Manodharma Shastra and Quran. One of these punishments is imprisonment. Imprisonment means “Preventing or shutting down a person’s personal possession”. That is, the imprisoned man cannot go out freely for his possessions, campaigns, gatherings and meetings, etc. This punishment was prevalent in pre-Islamic periods like in the ancient Egyptian civilization (2050-1786BC), the Hammurabi period (2067-2025BC), the ancient Iraqi civilization, also known as the Biblical civilization(1792-1750BC), the Roman Empire (753BC), the Assyrian Empire (746BC), Persian Empire, Buddhism(600BC), in the Arab period of pre-Islamic era. Islam upheld the same punishment after its arrival. In the age of Prophethood and the age of Siddiqui, the practice was to bind the culprit and forbid him from taking possession. Regular prisons were set up during the Farooqi and Alawite periods. The Quran also allows this punishment, as it points to the imprisonment of robbers. The prophet (PBUH) tied Thamama ibn Athaal to a pillar and imprisoned a criminal.  To this day, the practice of the Muslim Ummah proves the consensus of its legitimacy. The intellect also justifies imprisonment because sometimes the offender has to be kept out of society in order to be reformed and so that the decision made in this regard can be easily implemented. In short, for the betterment of individuals and for the peace and tranquility of society, Islam has declared imprisonment as a discretionary option of the ruler.