جايگزينهاي مجازات زندان و نهاد تعريز

The Alternatives for Imprisonment and the Institution of Taʹzir

Although the western philosophers and juristsʹ efforts during 18 and 19 centuries to prepare the grounds to prevent enforcement of extreme and violent punishments caused the imprisonment to be accepted as the primary punishment in early 19"ʹ century, but not after a long time, the extreme undue use of the imprisonment created a barrage of criticism against it, that made the supporters of the imprisonment doubtful and eventually made them react to the criticism. One of the most important reactions to this barrage of criticism was the suggestion of using alternatives to imprisonment and avoiding imprisonment and that it should be considered as the last resort. The present article with the title "A Comparative Study of Alternatives to Imprisonment and Tazir Penalties in Islamic Judicial System" is an effort to explain the essence of alternatives to imprisonment among Islamic penalties and their application methods in rules, that derived from Islamic judicial system. Of the issues proved in this article is that Tazirat penalties in Islamic judicial system is a means to make use of measures that can accelerate the process of offenders correction, therefore the alternatives to imprisonment are in fact "Tazir Penalties" that under the expediency of the ruler of Islamic society, there are no limitations in applying them.