Special Deterrence in the "Ta'zir" Crimes (Misdemeanors and Infractions), and its Impact on the Offender Rehabilitation between Shariah and Law in Egypt, Jordan and Bahrain

Abstract

Penalties in Islam were created to preserve people’s lives, freedoms, honor, dignity, property and mental health, and to provide a basis for coexistence and stability within the community. The main objective of the Islamic faith is to preserve life. Islam strictly prohibits the deprivation of the right to life of any human being, aside from in situations that are clearly and explicitly specified in Shariah (Islamic law).

Ta’zir punishments are up to the discretion of judges and rulers, something that in practice leads to a disparity in judgments with some judges handing out stringent punishments. Regarding this, there is an ongoing debate among Shariah scholars whether the authorities should introduce guidelines to create consistency in how much punishment judges should hand out for crimes that fall under the Ta’zir category.

Key words: Ta’zir, Special Deterrence, Shariah