Abstract
A thorough analysis of the Quran, the Sunnah, practices of four Caliphs and the principles given by the different
Islamic Schools show that the fundamental requirements of the Islamic criminal justice system are relief,
reclamation and rehabilitation of prisoners. Thus the ultimate purpose to imprison the offender should be to correct
him in a way that he desists from the crime upon the completion of his sentence. However at the same time Islam
allows the use of non-custodial measures and the penalties other than the imprisonment. A comparative study of
rights of prisoners discussed under the Shari’ah and the Pakistani law confirm that the basic structure of Pakistani
statutes on prisons is similar to that of the Shari’ah. Therefore this is the duty of the Pakistani courts also to
pronounce their decisions in pursuance of the guiding principles of Islam.
Aisha Tariq, Muhammad Mumtaz Ali Khan. (2022) A Comparative Study of The of Rights of Prisoners Under the Shari’ah And the Contemporary Legal System of Pakistan, Journal of the Research Society of Pakistan, volume 59, issue 2.
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