Alternative Sanctions in Islam (Foundational Study)

Abstract

Penalties in Islamic legislation are classified into two classes: the first one is Hudud penalties that estimated by the legislator almighty (mandatory rulings), and there is no rational judgment (Ijtihad) in it, but it accepts replacement with a narrow scope. The second is Ta'zir penalties (discretionary), and this section accepts replacement with great flexibility and wide discretion, such as imprisonment and financial fines. In the first topic, I talked about the concept of alternative sanctions and their lawfulness, while the second topic was on how to use some fundamentalist rules as guidelines for alternative sanctions, and I concluded the third topic with limited jurisprudential applications; to be a jurisprudential impact; as a foundational study for that kind of penalties.