نوع المستند : المقالة الأصلية
المؤلفون
قسم الفقه وأصوله / جامعة مؤتة / الاردن
المستخلص
الموضوعات الرئيسية
عنوان المقالة [English]
المؤلفون [English]
This study deals with the punishment of banishment in Islamic jurisprudence and its contemporary applications, where the punishment of exile is mentioned in the case of harba as a hudud punishment for scaring the path and terrorizing society, and the sayings of scholars in it as a discretionary punishment.
This study concluded that the punishment for banishment is a fixed punishment in the text of the Qur’an and a fixed punishment in the Sunnah of the Prophet in the case of the virgin fornicator.
The jurists agreed that exile is a discretionary punishment that is left to the imam’s opinion when it has achieved its intended purpose, which is preventing or limiting the crime as possible, and that the penalty for exile is imprisonment in a country other than the country in which the crime occurred, and that the term of imprisonment is left to the imam to achieve the interest of society and the state, and that modern laws have expressed exile In various terms, they are implicitly consistent with the purpose of the punishment, which is expulsion, deportation, and imprisonment.
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