العقوبات الشرعيّة وأثرها في حفظ الضروريّات الخمس

Abstract

This study describes the Sharia criminal penalties - that have been legislated or enacted by Allah Subhanahu Wa Ta'ala in order to prevent people from committing crimes - and their impact on the preservation of the five basic human needs (Al-Dharuriyyat Al- Khams). The methodologies used in this study are inductive and analytical. In terms of inductive methodology, the researcher has gathered information from both ancient and contemporary books of Islamic jurisprudence as well as evidence from the Qur'an and hadith. This study also highlights the points of agreement as well as contradiction among scholars of the four madhhabs particularly on the topic of Sharia criminal penalties. In terms of analytical methodology, the researcher discusses the gathered information through description and reviews, which leads to the analysis of the main problem of this study: the impact of Sharia criminal penalties on the preservation of the five basic human needs. Apparently, the law of Sharia criminal penalties is indeed a blessing from Allah Subhanahu Wa Ta'ala to the entire world. Its enactment is not solely intended to punish the criminals or offenders; in fact it is regarded as a mercy for them and other people involved. In addition, it also educates them and purify them from their sins. It also prevents them and others - who witness or hear about these penalties - from committing crimes.